Petitioner is the 4th accused in Crime No.92 of 2014 of the Kakkur Police Station for the offences punishable under Secs.341, 324, 308 and 294(b) r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 11.04.2014 at about 8a.m, the petitioner and others attacked the de facto complainant and his relatives. Petitioner and the second accused used iron rods. Accused Nos.1 and 2 are already arrested and released on bail.
3. Learned counsel has submitted that the allegations against the petitioner are not true. It is also submitted that the third accused was granted relief by the learned Additional Sessions Judge-II, Kozhikode. A further argument of the learned counsel is that investigation is completed.
4. I have gone through the order granting relief to the third accused and find that it is on the specific finding that there was no specific allegation against the third accused, unlike the case against the petitioner herein where it is alleged that he has used the iron B.A.No.3644 of 2014 2 rod. I also find from the wound certificate of the de facto complainant that he has suffered injuries - lacerated wounds including on the head.
5. In the nature of the allegations, request for pre-arrest bail cannot be allowed. It is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
The application is disposed of with the above direction.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge