~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.3 and 4 in Crime No.645/2014 of Enathu Police Station, Pathanamthitta district registered for the offences punishable under Sections 341, 324, 326, 307 and 427 read with Section 34 IPC.
3. The allegation against the petitioners and the other accused is that, on 15.06.2014 at 3 p.m., they, in furtherance of their common intention, obstructed the de facto complainant when he came by his motor bike through the road and the 1st accused beat on his right hand with a stick by causing a fracture, thereby the de facto complainant fell on the road with the motor bike. Thereafter, A2, A3 and A4 beat the de facto complainant with iron rods, thereby causing fracture of his other hand and both legs also. The 3rd accused took a granite stone and hit on the head of the de facto complainant, thereby causing serious injuries.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. The contents of the CD, prima facie, reveal the complicity of the petitioners. The learned counsel for the petitioners has pointed out that A1 and A2 were granted anticipatory bail by this Court earlier. That does not mean that automatically the petitioners also are entitled to get the discretionary relief of anticipatory bail.
6. It seems that the de facto complainant has sustained fracture proximal tibia(Right), fracture distal radius (Right), fracture radius shaft(Left), fracture lateral condyle of left tibia and multiple lacerations over scalp. When these much injuries were caused to the de facto complainant, I am of the view that the petitioners are not entitled to the discretionary relief of anticipatory bail. At the same time, by considering the fact that another learned Judge had granted anticipatory bail to A1 and A2 earlier, I am of the view that, while dismissing this bail application, an opportunity can be granted to the petitioners to surrender before the investigating officer to co-operate with the investigation.
7. This Bail Application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery, if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners 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.
aks/17/11 Sd/-
(B.KEMAL PASHA, JUDGE) // True Copy // PA to Judge