Petitioners are accused in Crime No.166 of 2014 of the Kaliyar Police Station for the offences punishable under Sections 452, 294(b), 323, 324 and 326 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 10.04.2014 at about 5.45 p.m while the de facto complainant and others were sitting on a bench on the verandah of shop of the de facto complainant, the petitioners came there and attacked the de facto complainant and others causing injury to them. The de facto complainant escaped into his shop but he was followed and he was again assaulted by the petitioners. The de facto complainant sustained fracture of the right orbit.
3. Learned counsel submitted that the allegations are not true. Learned counsel brought to my attention Annexures A1 and A2, discharge sheets said to be of the petitioners. Learned counsel has also shown me a certificate dated 13.05.2014 issued
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from the Chazhakkattu Hospital to contend that the 2nd petitioner having suffered a fracture earlier, was unable to engage in any such activity as now alleged.
4. On going through Annexures A1 and A2, I find that the injuries allegedly suffered by the petitioners are either tenderness or lacerated wound. There is no allegation therein that the de facto complainant or anybody else had used any weapon.
5. Having regard to the nature of the allegations made, request for pre-arrest bail cannot be allowed. Petitioners can either seek regular bail from the court concerned or surrender before the Officer investigating the case. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv