Petition filed under Section 438 Cr.P.C. 2. Petitioner is the second accused in Crime No.775/14 of Adoor Police Station registered for the offences under Sections 451, 354, 427, 506(ii) read with 34 IPC.
3. Petitioner is an autorikshaw driver. It is alleged that on 11.4.2014 at about 8.30 p.m. the first accused trespassed into the house of the defacto complainant and embraced her; further he assaulted and threatened her. The allegation against the petitioner is that he facilitated commission of the offences by the first accused. He pleads that he is innocent. According to him, he has been roped in only because the first accused travelled in his autorikshaw during day time.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Prima facie, the first accused has committed the offences alleged against him. The allegation against the petitioner is that he was found standing in front of the house of the defacto complainant when she flashed the torch at the time of the incident. His presence near the premises of the house of the defacto complainant requires investigation.
B.A.No.2886 OF 2014 :: 2 ::
He has not properly explained his presence there at that odd time. At this stage it cannot be said that the facts do not disclose commission of any offence by him. So, I am not inclined to grant the relief prayed for in the application.
In the result, this Bail Application is dismissed.
jes K.ABRAHAM MATHEW, JUDGE