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Judgment
7 paragraphs · 355 wordsViju Abraham, J
This is an application for anticipatory bail.
The petitioners are accused Nos.1 and 3 in Crime No.512 of 2022 of the Tirur Police Station registered alleging offences punishable under Sections 452, 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code (in short, “IPC”) and later altered into Sections 143, 147, 148, 120(B) and 307 read with Section 149 IPC.
The prosecution allegation is that on 17-6-2022 at or about 3.30 am, the accused trespassed into the meat shop of the defacto complainant situated at Koluppalam, armed with deadly weapons with an intention to commit the offence against the defacto complainant and due to previous enmity, attacked the defacto complainant by beating him with hands after wrongfully restraining him and also beat him with iron pipe on his head and hand causing serious injuries and thus committed the offences referred above.
Petitioners contended that they have been falsely implicated in the above-said crime and even going by the prosecution allegation, offence under Section 307 will not lie. De facto complainant is a person involved in several other criminal cases and has attacked the 1st petitioner and his 10-year-old son on 04.05.2022 and a crime has been registered as Crime No.375 of 2022 of Tirur Police Station, in which the 1st petitioner sustained injuries. It is further submitted that there is a delay in preferring the complaint which is not duly explained.
Learned Public Prosecutor seriously opposed the application for bail mainly contending that prior to the incident about 10 persons conspired together with intention to murder the defacto complainant and attacked him with an iron pipe whereby the defacto complainant sustained serious injuries. Further learned Public Prosecutor submitted that investigation is in the initial stage and that the accused, as well as the defacto complaint, belongs to rival political parties and there were a series of disputes between them which has led to law and order situation in the area.
Considering the nature of the allegations, I am not inclined to grant pre-arrest bail to the petitioners, and the same is accordingly dismissed.