Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.1866 of 2014 of the Valappad Police Station registered for the offences punishable under Sections 326 and 308 IPC.
3. The allegation against the petitioner is that on 10. 1.2014 at 9.30 a.m., he inflicted a cut aimed at the neck of the defacto complainant with a chopper, which was warded off by the defacto complainant with his left hand, thereby the cut felt on his left forearm and it resulted in a fracture of the upper 1/3rd of the radius. Over and above it, the defacto complainant sustained incised like wound 2x1 cm, another incised like wound 4x0.5 cm and another incised wound also.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the investigating officer has reported that the petitioner has serious criminal background and he is accused in 5 other criminal cases also, including offence under Section 326 IPC. It seems that the allegations against the petitioner are very grave and serious. The investigation of this case is not over. The chopper made use of by the petitioner is yet to be recovered. This is a case, wherein the custodial interrogation of the petitioner is required for the continued investigation of this case. Considering all the above, I am of the view that the petitioner being a habitual offender, is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
DSV/16/12 Sd/-
B. KEMAL PASHA JUDGE // True Copy // PA to Judge