~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the second accused in Crime No.628/2013 of Keezhvaipur Police Station registered for the offences punishable under Sections 294(b), 323, 324 and 326 IPC.
3. The allegation against the petitioner and other accused is that they have assaulted the de facto complainant with dangerous weapons and caused injuries on his body including fracture of the nasal bone as well as fracture of the right acromione of the right shoulder.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. Earlier, B.A. No.5405/2014 was filed by the very same petitioner along with the 4th accused. The 4th accused BA.7227/2014 : 2 :
was granted anticipatory bail and the application as far as the present petitioner was concerned, was dismissed. There is no change of circumstances at all. It seems that as the petitioner is absconding, the final report has been filed as against accused Nos.1, 3 and 4. Considering the facts and circumstances of the case and the seriousness of the injuries sustained to the de facto complainant and the further fact that for want of the presence of the petitioner, the investigation as against him could not be completed, I am of the view that he is not entitled to the discretionary relief of anticipatory bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/17/10 // True Copy // PA to Judge