Petitioner is accused in Crime No.176 of 2014 of the Thampanoor Police Station for the offences punishable under Secs.294(b), 193, 196, 197, 406, 420 and 427 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner is running a concern which supply security guards and accordingly the petitioner supplied the de facto complainant as Security Guard to M/s.Parthas. His salary was collected by the petitioner but, not given to him. Certain other allegations are also made.
3. Learned counsel submits that the allegations are not true. According to the learned counsel, service of the de facto complainant was terminated.
4. It appears that certain other persons have also raised similar allegations against the petitioner regarding his collection of salary. In the circumstance, appropriate course is to direct the petitioner to surrender before the investigating officer.
B.A.No.3845 of 2014 2 The application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.176 of 2014 of the Thampanoor Police Station on 16.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.
(v) In case custody of the petitioner is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge