~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.699/2014 of Mattannur Police Station registered for the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 IPC.
3. As the de facto complainant, who is a sympathiser of a particular political party, had deposed before court regarding the involvement of the members of a rival political party in another incident, the petitioner wrongfully restrained the de facto complainant on the road in front of the gate of the court at 1 p.m. on 17.07.2014 and he, along with the 1st accused, severely beat and stamped the de facto complainant, who came out of the court, and also inflicted head injury on him by beating him with a wooden reaper, thereby attempting to commit culpable homicide. The petitioner has been in custody for the period from 18.08.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD, prima facie, reveal the complicity of the petitioner. The facts are self speaking as to its seriousness. The learned Public Prosecutor has produced the report of the investigating officer with regard to the criminal antecedents on the part of the petitioner as follows:-
(1) Crime No.262/09 u/s.143, 147, 148, 341, 307 r/w 149 IPC(SC.841/12).
(2) Crime No.594/10 u/s.341, 323 r/w 34 IPC (CC.1053/10).
(3) Crime No.51/ 1 u/s.341, 323, 324, 506(i) r/w 34 IPC(CC.1495/11).
(4) Crime No.153/11 u/s.25(1)(a) of Arms Act.
(5) Crime No.36/12 u/s.143, 147, 447, 353, 294(b) r/w 149 IPC(CC.2843/12).
(6) Crime No.155/12 u/s.107 Cr.P.C.(MC.114/13).
(7) Crime No.37/12 u/s.143, 147, 294(b), 283 r/w 149 IPC.
(8) Crime No.135/12 u/s.341, 506(i) r/w 34 IPC (CC.135/12).
(9) Crime No.1154/12 u/s.143, 147, 148, 341, 323, 324, 294(b), 308 r/w 149 IPC(UI).
(10) Crime No.433/13 u/s.143, 147, 283, 153 r/w 149 IPC & 117(e) of KP Act (UI).
(11) Crime No.174/13 u/s.153 r/w 34 IPC (CC.1862/13).
(12) Crime No.26/14 u/s.279, 337, 338 IPC.
It is evident that the petitioner is a habitual offender and a dare criminal. Considering the series of serious criminal antecedents on the part of the petitioner and the seriousness of the allegations against the petitioner, I am satisfied that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/01/12 // True Copy // PA to Judge