~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1060/2014 of Parassala Police Station registered for the offences punishable under Sections 341, 294(b), 324, 326 and 308 IPC.
3. The allegation against the petitioner is that on 02.08.2014, while the de facto complainant was returning by his car, the accused, who came by a motor bike, obstructed him on the road, abused him and beat on his face repeatedly with the crash guard of a motor bike.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that even though the incident had allegedly taken place on 02.08.2014, the F.I.Statement was lodged only on 22.08.2014. It seems that the de facto complainant has clearly explained as to BA.7534/2014 : 2 :
how the delay had occurred. His version that he was in hospital for 15 days and he thought that the matter would have been informed by the hospital authorities to the police, seems to be perfectly correct. On a perusal of the CD, it seems that the statement of the Doctor, who had attended him at the casualty, has already been recorded, which clearly shows that he had informed even at the beginning that he was beaten with the crash guard of a motor bike. It seems that he has sustained very serious injuries. There is fracture of the skull and there is injury to the brain. The investigation of this case is not over. Considering the seriousness of the allegations against the petitioner 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 petitioner.
In the result, this bail application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/04/11 // True Copy // PA to Judge