Petitioners are accused Nos.4, 8 and 9 in Crime No.85 of 2014 of the Dharmadam Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 02.02.2014 at about 06.00 p.m., these accused and others attacked the de facto complainant with iron rod, reaper etc., in the course of a Temple festival due to political enmity. It is also submitted that the 8th accused is involved in 2 other cases.
3. Learned counsel submits that the allegations are not true. The de facto complainant is involved in several cases including for offence under Section 307 of the Indian Penal Code. He insulted some women during the Temple festival which was questioned by some CPI(M) men. it is also submitted that the 3rd petitioner is residing at Koothuparamba which is far away from the scene of occurrence since the last 12 years.
4. In the nature of allegations made against the B.A.No.4269 of 2014 2 petitioners, investigation required to be done and considering other relevant circumstances, I am inclined to think that request for pre-arrest bail cannot be allowed.
It is directed that in case these petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge