~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.1033/2014 of Kottayam East Police Station registered for the offences punishable under Sections 308 and 294(b) read with Section 34 IPC.
3. The allegation against the petitioner and other accused is that on 26.09.2014 at 4.30 p.m. they, in furtherance of their common intention, attacked the de facto complainant and attempted to commit culpable homicide. The allegation against the petitioner is that he beat on the head of the de facto complainant repeatedly with his helmet.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that the learned Sessions Judge has granted anticipatory bail to A2 and A3 and at the same time, the application filed by the present petitioner was dismissed. According to the learned counsel for the petitioner, custodial interrogation of the petitioner is not required in the matter. The learned Public Prosecutor has pointed out that the helmet, which is the weapon involved in the incident, has not yet been recovered and, therefore, the custodial interrogation of the petitioner is absolutely necessary.
6. On going through the contents of the CD and the submissions made by the learned Public Prosecutor, this Court is of the view that the custodial interrogation of the petitioner is required in the matter for the continued investigation of this case. At the same time, the fact that anticipatory bail has been granted to other two accused has also to be considered.
In the result, this Bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer or the court below within 10 days from today, and co-operate with the investigation. After interrogation, the investigating officer shall produce the accused before the concerned Judicial First Class Magistrate's Court and in that event, if sufficient notice has been given to the Assistant Public Prosecutor in charge of the case, the court below shall dispose of the application for bail, if any, filed by the petitioner, preferably on the same day itself.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/24/10 // True Copy // PA to Judge