Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.1885/2014 of Pathanamthitta Police Station registered for the offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 11.10.2014 on 10.20 p.m., the petitioner beat the de-facto complainant on his face with an iron rod, thereby causing nasal bone fracture to him and second and third accused beat and fisted the de-facto complainant and thereafter, second and third accused caught hold of the leg of the de-facto complainant, thereby enabling the petitioner to inflict blows on his leg with the iron rod, thereby causing fracture to his right leg.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It has come out that second and third accused have been arrested and the iron rod in question, was recovered. According to the learned counsel for the petitioner, prior to the incident, the de- facto complainant had reached the house of the petitioner and called his brother out of the house. When he went out of the house, he was attacked. On seeing him being attacked, his father's elder brother intervened and then, he was also attacked by the de- facto complainant and others, for which Crime No.1886/2014 has been registered. At the same time, it cannot be said that the said crime is a counter case to the incident in this case, as it had occurred prior to the incident in this case and further that the de-
facto complainant herein is not the accused in that case. Considering all the above, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.
6. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner 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 dl // TRUE COPY // PA to Judge +++