Petition filed under Section 438 Cr.P.C.
2. Petitioners are A1 and A3 in Crime No.742 of 2014 of the Maranalloor Police Station registered for the offences punishable under Sections 323, 324 and 326 IPC read with Section 34 IPC.
3. The allegation against the petitioners is that they in furtherance of their common intention called the de facto complainant and his friend on 07.09.2014 at about 05.00 p.m., under the guise of settling a dispute by making the payment towards a shirt of the de facto complaint, which was torn away. On their arrival, A1 hit on the head of the de facto complainant with a hammer thereby causing a depressed fracture of the skull and A3 inflicted a cut injury on the head with knife. Again, A3 obtained the hammer from the A1, and attacked them.
4. Heard the learned counsel for the petitioners and B.A.No.8223/2014 2 the learned Public Prosecutor.
5. All the specific overt acts are alleged against the petitioners. It is alleged that they have made use of weapons and that grievous hurt has been caused to the defacto complainant. It seems that earlier, the petitioners had unsuccessfully attempted before this Court for anticipatory bail through B.A.No.7051 of 2014. By the order dated 23.10.2014, this Court had dismissed the said application filed by the petitioners. There is absolutely no change of circumstances, which enable the petitioners to the discretionary relief of anticipatory bail. Therefore, this application is only to be dismissed, and I do so.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/21/11 /True Copy P.A. To Judge