Petition under Section 438 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.1076/2014 of the Attingal Police Station registered for the offences punishable under Sections 143, 147, 148, 294 (b), 324, 326, 452, 144 and 307 read with Section 149 IPC and Section 27 of the Arms Act.
3. The wife of A6 had initiated criminal proceedings against A6 alleging offence under Section 498A IPC. The other accused are the friends of A6. Alleging that the defacto complainant had assisted the wife of A6 to proceed with the case, at the instigation of A6, the other accused under the leadership of the petitioner went to the house of the defacto complainant on 18.07.2014 at 11.30 pm, kicked open the door of the house of the defacto complainant and committed house trespass into it. On the direction of the petitioner, A2 took a chopper and inflicted a cut aimed at the neck of the defacto complainant and when the same was warded off, it resulted in a fracture of the bone of the finger of the defacto complainant and he sustained injuries. Thereafter, all the accused severely beat, fisted and stamped the defacto complainant.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioner. The allegations against the petitioner are very grave and serious. It seems that under the leadership of the petitioner, the accused had attacked the defacto complainant. It was he, who directed A2 to cut and kill the defacto complainant with a chopper. The defacto complainant sustained grievous hurt.
6. The learned counsel for the petitioner has pointed out that A2 was granted anticipatory bail by this Court. The fact that anticipatory bail has been granted to A2 does not entitle the petitioner to the discretionary relief of anticipatory bail. In a serious case like this, the custodial interrogation of the petitioner is necessary for the continued investigation. Matters being so, the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/31/10 // True Copy // P.A. To Judge