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Judgment
13 paragraphs · 265 wordsThis is an application for anticipatory bail moved under Section 438 of the Code of Criminal Procedure.
The petitioners are the first and third accused in Crime No.1246 of 2020 of Mathilakam Police Station registered alleging offence punishable under
Sections 341, 324, 294(b), 308 read with Section 34 of Indian Penal Code.
The allegation is that the petitioners in furtherance of their common intention to attack the de facto complainant, on 08.11.2020 at 06.00 pm
assaulted the de facto complainant using an iron rod and caused him injuries. The place of the occurrence is near the Mathilakam Ayinikkal Temple.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
The allegation against the petitioners are serious in nature. It appears that they had, in furtherance of common intention, assaulted and injured the de
facto complainant using iron rod etc. and made attempts against his life. In the nature of the allegations, custodial interrogation of the petitioners
cannot be dispensed with. Having regard to the totality of the facts and circumstances of the case, I am not inclined to grant pre- arrest bail to the
petitioners. However, having regard to the submissions of the learned counsel, I deem it appropriate to dispose of the application permitting the
petitioners to surrender before the investigating officer within ten days from today and after interrogation, if arrested, they shall be produced before
the court on the same day and the Jurisdictional Magistrate will consider the feasibility of considering the application for bail with promptitude.
Subject to the above, the application is dismissed.