Petitioner is the 3rd accused in Crime No.293 of 2014 of the Bekal Police Station for the offences punishable under Sections 465, 468, 471, 420 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Application is opposed by the learned Public Prosecutor. It is submitted that on the relevant and time the Police intercepted a lorry driven by the first accused and found that the lorry carried registration number different from what is stated in the documents produced by the accused 1 and 2. They were arrested on the spot. It is also submitted that it appears that attempt was to transport LPG cylinders from the HPCL plant, Mangalapuram.
3. Learned counsel submits that the allegations are not true. It is submitted that the petitioner had entrusted the vehicle along with its documents to the accused 1 and 2.
4. It is necessary to interrogate the petitioner as to under what circumstance the vehicle carried a different registration number and if so, for what purpose. Hence request for pre-arrest bail cannot allowed. I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.293 of 2014 of the Bekal Police Station on 06.06.2014 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 where, it is open to the petitioner to move application for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(iv) If for any reason custody of the petitioner is required, the investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall dispose of the application (s) having regard to all relevant circumstances including whether remand of the petitioner is required for any purpose and pass appropriate orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
AS