~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1, 2, 4, 5 and 3 respectively in Crime No.2054/2014 of Kottiyam Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 427 read with Section 149 IPC and Section 27 of the Arms Act.
3. The allegation against the petitioners is that, on 25.10.2014 at 9.30 p.m., they formed themselves into an unlawful assembly, armed with deadly weapons like swords and iron rods, and came by three motor bikes in front of the 'Focus Shop' at Umayanalloor. It is alleged that one of the accused inflicted cuts on the right palm of the de facto complainant with a sword, another accused inflicted blows on him with iron rod, and one of the accused inflicted cut on his chest and abdomen with a sword, and repeatedly he was beaten up with iron rods by other accused persons. In that process, they smashed the glass affixed at the front side of the shop and beat on the walls of the shop with iron rods, thereby creating a terrific scene. It is also alleged that by scratching the sword on the road, they made sparks by generating horror.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. The facts are self speaking as to the seriousness of the acts allegedly committed by the petitioners and the other accused. The contents of the CD, prima facie, reveal the complicity of the petitioners. The investigation of this case is not over. The allegations against the petitioners are very grave and serious. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. The learned counsel for the petitioners seeks for an opportunity to the petitioners to surrender before the investigating officer and to co-operate with the investigation. In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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(B.KEMAL PASHA, JUDGE) aks/04/12 // True Copy // PA to Judge