Petitioners apprehend arrest in Crime No.835 of 2014 of the Sooranadu Police Station for the offences punishable under Secs.143, 147, 148, 323 and 324 r/w Sec.149 of the Indian Penal Code, Sec.27 of the Arms Act and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 31.05.2014 at about 11.15p.m, the de facto complainant and neighbours went to the scene of occurrence hearing the cry of women and children. They were attacked by the petitioners with sword stick and other weapons. Some of the weapons are yet to be identified.
3. Learned counsel submits that the allegations are not true. It is submitted that the police registered Crime No.834 of 2014 against some of the petitioners for attacking the de facto complainant therein on the same day at about 11p.m. It is also submitted that CPI(M) men had indulged in vandalism attacking several persons and the police registered Crime Nos.836 and 840 of 2014 against them the same day. A further submission is that in the FIS, there is no mention of sword etc.
B.A.No.4469 of 2014 2
4. I have gone through the FIS and find that the de facto complainant had referred to some weapon with which he was assaulted. I must also notice that the incident was at about 11.15p.m. May be that the de facto complainant was not able to identify all the weapons at the time of the incident. These aspects cannot be forgotten. Having regard to the nature of the allegations and the investigation required to be done, request of the petitioners for pre-arrest bail cannot be allowed, as that would affect investigation.
The application is dismissed.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge