Petitioners are accused 1 and 2, respectively in Crime No.245 of 2014 of the Chakkarakkal Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 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 13.03.2014 at about 10.00 p.m., the petitioners attacked the de facto complainant with iron rod and sword, respectively. It is submitted that the weapons are not recovered.
3. Learned counsel submitted that the allegations are not true. It is stated that the incident occurred not in the way stated by the prosecution. The de facto complainant and others trespassed into the house of the petitioners and attacked the 1st petitioner. He sustained injury and underwent inpatient treatment in the District Hospital, Kannur.
4. I have gone through the CD file and found that the de
B.A. No.3159 of 2014
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facto complainant sustained injury over the frontal region (5x2 cms.). Learned Sessions Judge has referred to the wound certificate of the 1st petitioner and stated that the injuries sustained by him are minor in nature. Learned Sessions Judge has also pointed out that the incident occurred on the public road.
5. In the nature of the allegations made against the petitioners and the investigation required to be done, request for pre-arrest bail cannot be allowed.
Application is dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv