Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.797/2014 of Kannur City Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 326 and 367 read with Section 149 of the Indian Penal Code. The petitioner has been in custody for the period from 14.10.2014 onwards.
3. The allegation against the petitioner and the other accused is that on 08.10.2014 they formed themselves into an unlawful assembly armed with deadly weapons like stick and stone, committed rioting and rioting armed with deadly weapons, wrongfully restrained the defacto complainant, and beat him with stick and hit him with stone and thereafter abducted him by car bearing Reg.No.KL-13W-7377 to the B.A.No.7642 of 2014 -: 2 :-
building under construction belonging to the petitioner. Again, he was brutally attacked thereby causing grievous hurt to him.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. The wound certificate reveals that one of the eardrums of the defacto complainant was broken and he lost his two teeth. The allegation against the petitioner is very grave and serious. The investigation of this case is not over. There are other accused who are yet to be identified and arrested. Investigation has a long way to go. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge