ORDER

Application for anticipatory bail. The petitioners – father and son, face allegations, inter alia, under Sec.326 of the IPC . The crux of the allegations is that on 7/6/07 the petitioners allegedly attacked the brother of the 1st accused with wooden sticks and caused injuries including fracture of the fibula. Investigation is in progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that the victim and the petitioners are close relatives. There were certain disputes between the parties consequent to the commission of suicide by the son-in-law of the 1st accused. He had left a suicide note in which allegations were raised against the de facto complainant as well as his son-in-law. At the time of cremation, there were certain quarrels and exchange of words. Only to wreak vengeance against the petitioners, a false complaint has been filed by the de facto complainant.

3. The learned Public Prosecutor opposes the application.

The allegations are serious. Investigation is not complete. There are no circumstances justifying the invocation of the discretion under Sec.438 of the Cr.P.C., submits the learned Public Prosecutor.

4. I find meri