ALTHAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the accused Nos. 1 & 2 in Crime No.1833/2016 of the Kallambalam Police Station registered under Sections 143, 144, 147, 148, 149, 120(B), 447, 323, 326 and 307 of the Indian Penal Code. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the learned Judicial First Class Magistrate Court (Temporary), Attingal on 05.05.2016. The petitioners have been in judicial custody since 03.05.2016. This is the second application by the petitioners for bail. Their first application was dismissed by this court on 23.5.2016.

(2.) The prosecution case is that at about 10 pm on 30.12.2015, the petitioners and the other co -accused assaulted the defacto complainant and his friends and inflicted serious injuries on their body with weapons like sword and wooden stick. Complaint was made by the father of the victim. It is submitted that accused nos.3 to 5 are on pre -arrest bail.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation. It is submitted that one more accused is yet to be arrested.