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Judgment
7 paragraphs · 373 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the 1st accused in Crime No.444/2022 of Anchuthengu Police Station, Thiruvananthapuram alleging the commission of offences punishable under Sections 294(b), 307, 323, 324, 326 and 341 read with Section 34 of the Indian Penal Code.
The prosecution allegation is that due to prior animosity towards the brother of the defacto complainant, on 11.10.2022 at about 8.30 p.m. accused 1 and 2 restrained the defacto complainant while he was going in a motor bike to his house. When the defacto complainant stopped the motorbike, the 1st accused abused him and attempted to assault him with a knife. It was evaded by the defacto complainant and caused injury to the middle finger of the left palm. At that time, the 2nd accused allegedly fisted on the left cheek of the defacto complainant. When the brother of the defacto complainant came there, 1st accused stabbed him with a knife and caused grievous hurt to the right palm. The accused further pelted a metal piece at the defacto complainant and caused injuries to his lips.
Petitioner submits that he is in custody from 12.10.2022 onwards. Though he moved the Sessions court twice seeking bail, the same was rejected. The second accused is already granted bail by this court as per Annexure A2 order.
Learned Public Prosecutor seriously opposed the application for bail mainly contending that serious overt acts are alleged against the 1st accused who attacked the defacto complainant and the brother and they sustained serious stab injuries and further that he is involved in 14 other criminal cases of a similar nature and that the investigation is going on and the release of the petitioner at this stage will affect the proper investigation of the case as there is every chance for threatening the witnesses and tampering with evidence and getting involved in similar crime.
Considering the fact that serious overt acts are alleged against the petitioner whereby two persons sustained stab injuries and further that the petitioner is involved in 14 other criminal cases and investigation is progressing, I am not inclined to grant bail to the petitioner at this stage. The bail application is accordingly dismissed.