Petitioner is the 1st accused in Crime No.224 of 2014 of the Poochackal Police station for the offences punishable under Secs.324 read with Sec.34 of the Indian Penal Code, Sec.27 of the Arms Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.03.2013 at about 12 p.m., the petitioner and others attacked the defacto complainant with sword etc. while he was returning from a temple. The petitioner assaulted the defacto complainant with sword and inflicted injuries on him. It is submitted that accused nos.3 and 4 are arrested. The weapon is not recovered.
3. Learned counsel submitted that Sec.27 of the Arms Act has no application and that what remains is Bail Appl. No.2812 of 2014 2 Sec. 324 of the IPC which is a bailable offence.
4. In the nature of allegations made against the petitioner and as the weapon allegedly used is yet to be recovered, request for pre arrest bail cannot be allowed. It is directed that incase the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioner to raise all his contentions including non application of Sec.27 of the Arms Act.
The application is disposed of as above.
THOMAS P. JOSEPH JUDGE NS