Petitioner is the 1st accused in Crime No.1174 of 2012 of the Parassala Police Station for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 read with Sec.149 of the Indian Penal Code and Sec.27 of Arms Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 15.09.2012 by or at about 8.15 p.m the petitioner and others assaulted the de facto complainant with deadly weapons like sword for the reason of the de facto questioning the petitioner assaulting brother of the de facto complainant. It is also submitted that custodial interrogation of the petitioner is required.
3. Learned counsel submitted that the allegations are not true. It is submitted that petitioner had borrowed certain amount from the de facto complaint and was unable to repay the same. De facto complainant and others attacked mother of the petitioner a week back. Though a complaint was given, no action
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was taken. According to the learned counsel it is a case of mistaken identity so far as the petitioner is concerned.
4. I have gone through the CD file and the wound certificate of the de facto complainant. There is specific reference to the involvement of the petitioner in the alleged incident. Wound certificate shows that the de facto complainant suffered several injuries including incised wound. Learned Sessions Judge while disallowing request for pre-arrest bail has pointed out that leg of the de facto complainant was cut and almost severed. Petitioner is stated to have assaulted the de facto complainant on the leg and head several time.
5. Having regard to the nature of allegations made against the petitioner and the investigation required to be done, request for pre-arrest bail cannot be allowed.
Application is dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv