Petitioner is accused in Crime No.456 of 2014 of the Kalady Police Station for the offences punishable under Sections 324 and 308 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 12.03.2014 at about 8.30 p.m, the petitioner attacked the de facto complainant with knife and inflicted injuries. The weapon is not recovered.
3. Leaned counsel submitted that the allegations are not true. The de facto complainant offered to give experience certificate to the petitioner for a job abroad after the petitioner worked in the concern of the de facto complainant for about one year without salary. But the de facto complainant did not issue the certificate. There was a wordy altercation between the petitioner and the de fact complainant. The petitioner was attacked and he tried to escape. The allegation that knife was used is also not correct.
4. Having regard to the nature of the allegations, request made by the petitioner for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
(i) Petitioner shall surrender before the Officer investigating Crime No.456 of 2014 of the Kalady Police Station on 03.06.2014, at 10.00 a.m. for interrogation.
(ii) In case interrogation is not completed on 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) After questioning the petitioner if he is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances as per the law and pass orders as early as possible.
The application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
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