Petitioners are accused Nos.1 to 4 in Crime No.897 of 2014 of the Mathilakam Police Station for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 294(b) and 308 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 15.04.2014 at about 10.15p.m due to political rivalry, these accused and others formed unlawful assembly, intercepted the autorikshaw in which the de facto complainant and others were travelling and assaulted the de facto complainant with sword, iron rod etc. The first accused used the sword while accused Nos.2 to 8 assaulted the de facto complainant and others with iron rod and hand.
3. Learned counsel submits that the allegations are not true. It is also submitted that offence under Sec.308 of the Penal Code is not attracted since the allegation is only that had not the de facto complainant evaded the blow with a sword, the blow would have been fatal.
B.A.No.3499 of 2014 2
4. This is a case where allegedly due to political rivalry, petitioners and others attempted to cause death of the de facto complainant with sword. Having regard to all relevant circumstances, request for pre-arrest bail cannot be allowed. Petitioners, if so advised, can surrender before the officer investigating the case. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
The application is disposed of with the above direction.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge