Petition under Section 438 Cr.P.C. 2. The petitioners are the accused in Crime No.698/2014 of the Aruvikkara Police Station registered for the offences punishable under Sections 294(b), 323, 324, 427, 354(b), 326 and 308 read with Section 34 of the Indian Penal Code.
3. The allegations against the petitioners is that on 23.9.2014 at 7.30 p.m., they committed trespass into the court yard of the house of the de-facto complainant woman, abused her and the first accused beat on her head with a wooden reaper, thereby causing serious injuries, the first accused slapped on her cheek and disrobed her by tearing away her maxi and caught on her chest, thereby outraging her modesty. When her husband intervened for her rescue, he was also severely beaten up by the third accused with a reaper, thereby causing a fracture to one of the fingers of his left hand. The fourth accused bit on the hand of the son-in-law of the de-facto complainant and the accused Nos.1 to 4 jointly attacked the son of the de-facto complainant, namely Subhash.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The contents of the C.D. Prima facie reveal the complicity of the petitioners. Even though the learned counsel for the petitioners has pointed out that there is a counter case, registered as B.A. No.699 of 2014 of the very same Police Station, it cannot be treated as a counter case, as the incident in the said case had occurred 2 hours after the incident in this case. May be, that incident might have occurred in retaliation of the present case. At the same time, it cannot be treated as a counter case at all. On a perusal of the wound certificate, it seems that the de-facto complainant has sustained very serious injuries, and she has marginally escaped. Considering the seriousness of the allegations against the petitioners and the present stage of investigation, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge