This is an application for anticipatory bail filed by accused numbers 1 and 5 in Crime No.2027/2014 of Oachira police station under Section 438 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 19.11.2014, at about 11.00 p.m, the accused persons formed themselves in an unlawful assembly with deadly weapons and wrongfully restrained the de facto complainant and inflicted abused him with obscene language and voluntarily caused grievous hurt to him and committed mischief and thereby, all of them have committed the offence punishable under Sections 143,147, 148, 323, 341, 326, 294(b), 427 read with Section 149 of Indian Penal Code.
3. The Counsel for the petitioners submitted that the petitioners have not committed any offence. They are innocent of the same and they have been falsely implicated in the case and they are prepared to surrender before the court below.
4. The application was opposed by the Public Prosecutor.
B.A.No.8996 of 2014 : 2 :
5. I have perused the case diary file and also the wound certificate of the injured. Considering the nature of allegations made and also the nature of injuries sustained by the injured, this court feels that it is not a fit case to grant anticipatory bail invoking the power under Section 438 of Code of Criminal Procedure as weapon alleged to have been used for commission of the offence are yet to be recovered. So, the petitioners are not entitled to get anticipatory bail.
If the petitioners surrender before the investigating officer and on interrogation, if the investigating officer feels that if their arrest is required, then, after recording their arrest, the investigating officer is directed to produce them before the concerned magistrate court without delay and on such production, if the petitioners move for regular bail, then, the learned magistrate is directed to consider and dispose of the bail application as far as possible on the date of filing the application itself after hearing the Assistant Public Prosecutor of that court.
With the above direction and observation, the application is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge