Petitioner is accused in Crime No.113 of 2014 of the Pathanapuram Police station for the offences punishable under Secs.323, 341 and 308 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has pointed out that the request for pre arrest bail made by the petitioner was rejected by this Court as per order dated 12.02.2014 in B.A. No.712 of 2014.
3. Learned counsel has given me a copy of the said order. It is submitted that there is change of circumstance since subsequent to the order dated 12.02.2014, annexure-A4 case was registered against the defacto complainant and others on the complaint preferred by one of the accused for assaulting him and others.
4. I have gone through the order dated Bail Appl. No.2969 of 2014 2 12.02.2014 where request for pre arrest bail was made on behalf of the petitioner and others. There is reference to the alleged assault on some of the accused by the defacto complainant and others and the alleged failure of the Police to register a case. This Court pointed out that if commission of a cognizable offence is reported, it is the bounden duty of the Police to register the case as provided under the law.
5. I have stated reasons in the previous order why the request of the petitioner for pre arrest bail cannot be allowed with reference to the alleged incident involving the defacto complainant and others. That a case was subsequently registered is not by itself is a change of circumstance to entertain this application.
The application is dismissed.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge