Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused No.7 in Crime No.524 of 2014 of Narakkal Police Station registered for the offences under Sections 143, 147, 447, 294(b), 323, 354A, 324 and 326 read with Section 149 IPC.
3. The allegation against the petitioner is that he along with his co-accused, 6 in number, armed with deadly weapons formed themselves into an unlawful assembly and at about 9.30 in the night on 14.3.2014 trespassed into the property of the de facto complainant, destroyed her fence, uttered obscene words, tore off her nightie and assaulted one Ravi with a stick, he along with other accused thus have committed the offences mentioned above
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The petitioner and his co-accused are close relatives. In the incident alleged by the prosecution, one Ravi sustained fracture on his rib. According to the prosecution, it was the petitioner who caused this injury by striking him with a stick which was a deadly weapon. Admittedly, this is the third application filed by the petitioner under Section 438 Cr.P.C. He along with the co-accused filed B.A. No.2449 of 2014. The order of this Court is Annex. A4. The co-accused were granted anticipatory bail. The prayer of this petitioner alone was rejected. In paragraph 12 of the Statement of Facts filed by the petitioner he says that he was denied anticipatory bail for the sole reason that Section 326 of IPC was incorporated one week after the incident. This is false. Annex.A4 shows that his prayer was rejected because it was he who allegedly caused the grievous injury to the victim. It may be noted that the petitioner has no case that there has been any change of circumstance after the disposal of the earlier application. I find no reason to allow this application. In the result, this application is dismissed.
Sd/-
K. ABRAHAM MATHEW, (JUDGE) dl/ // TRUE COPY //