VIJAYAN Vs. S I OF POLICE

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the first accused in Crime No.1056/2006 of Pathanamthitta Police Station for offences punishable under Sections 323, 324 and 308 read with section 34 I.P.C., seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that on 17.12.2006 at about 9 p.m. in pursuance of the direction given by the petitioner herein to the 2nd accused to attack the de facto complainant, accused Nos.2 and 3 are alleged to have assaulted the de facto complainant with a sword stick and knife. The motive is the disinclination of the de facto complainant to continue as a driver of the petitioner, who was allegedly indulging in transporting illicit spirit.