ORDER

1. This petition is preferred under Section 439 of the Code of Criminal Procedure .

2. The petitioner herein is the third accused in Crime No.1999/2017 of the Pooyappally Police Station, registered under Sections 294(b), 323, 324, 325, 326 and 307 r/w. 34 of the Indian Penal Code.

3. The prosecution allegation is that owing to previous enmity, on 22.11.2017 at 9.30 P.M., the petitioner along with two other accused wrongfully restrained the de facto complainant and assaulted him with dangerous weapons.

4. Sri.B.Mohan Lal, the learned counsel appearing for the petitioner, submitted that the main overt act is attributed to the first accused. It is further submitted that the first accused has been enlarged on bail by the trial court on

01.02.2018.

5. The learned Public Prosecutor has opposed the prayer.

6. I have considered the submissions and have gone through the case diary. The victim has been inflicted serious injuries but the same was as a result of the assault by the 1st accused, who has been released on bail. Only minor allegations are levelled against the petitioner herein.

7. Having regard to the nature and gravity of the allegations, the role attributed to the petitioner, the