RAJESH Vs. S I OF POLICE

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1 to 3 in Crime No.37/07 of Contonment Police Station, Trivandrum for offences punishable under Secs.326 and 427 read with section 34 I.P.C. and section 27 of the Arms Act, 1959, seek their enlargement on bail. The occurrence took place at about 8.30 p.m. on 13.2.2007 and the petitioners were arrested on 26.2.2007.

(2.) Learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that at about 8.30 p.m. on 13.2.07 the accused persons boarded the stage carriage bus driven by the de facto complainant from the stop in front of the University College and assaulted the de facto complainant(driver) with a sword inflicting a cut injury on his right hand. While so, accused Nos.2 and 3 struck the windscreen of the bus with iron rods and shattered the same.