Petitioners are accused Nos.1 and 3 in Crime No.616 of 2014 of the Chathannoor Police Station for the offences punishable under Secs.294(b), 323 and 326 r/w Sec.34 of the Indian Penal Code, Sec.27 of the Arms Act, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 01.04.2014 at about 6p.m, the petitioners and the second accused went in an autorikshaw and assaulted the de facto complainant who was taking part in a temple festival. The de facto complainant suffered fracture and other injuries. The second accused was arrested.
3. Learned counsel submits that the allegations are not true and that at any rate, weapon is recovered. Learned counsel has also made a fervent plea to get relief for the second petitioner/third accused.
4. It is revealed that it was the first petitioner who assaulted the de facto complainant with sword but the allegation is that the petitioners and the second accused travelled in the B.A.No.3147 of 2014 2 autorikshaw to came to the scene of occurrence and assaulted the de facto complainant. In the circumstance, the request of the petitioners for pre-arrest bail cannot be allowed.
The application is dismissed.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge