Application under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused 3 and 4 in Crime No.336 of 2014 of Hemambika Nagar Police Station, Palakkad involved in offences punishable under Sections 143, 147, 148, 294(b), 308, 324, 341 and 506 read with Section 149 of the Indian Penal Code. In the application, they are mistakenly shown as accused 6 and 7. Learned Prosecutor submitted that after conducting investigation to some extent, their complicity is revealed and some other accused have been deleted.
3. Heard both sides.
4. Prosecution case is that on 10.06.2014 at 6.10 p.m. the accused persons attacked the defacto complainant with dangerous weapons like sword, iron rod, etc. This Court considered the bail application filed by some of the other accused. As per order dated 09.07.2014 on B.A.No.4795 of 2014 the plea was rejected finding that they are not entitled to get anticipatory bail. Learned counsel for the petitioners submitted that the weapons allegedly used have been recovered and this is BA No.6439/2014 2 the change of circumstance. Learned Public Prosecutor opposed the bail application contending that the petitioners are required in custody for investigation of the case. That apart, it is a political clash which may cause a breach of peace in the area. Learned counsel for the petitioners submitted that there is a counter case to the incident. However those facts did not ipso facto entitle the petitioners to claim anticipatory bail. Therefore, they shall surrender before the learned Magistrate having jurisdiction and move for regular bail. In that event, the learned Magistrate shall consider the bail application as expeditiously as possible on merits.
Petition is disposed of.
A. HARIPRASAD, JUDGE.
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