Petitioners are accused Nos.1 to 6 in Crime No.200 of 2014 of the Elathur Police Station for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 427 and 506(ii) r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Application is opposed by the learned Public Prosecutor. It is submitted that on 11.04.2014 at about 07.50 p.m due to political rivalry the petitioners trespassed into the furniture shop of the de facto complainant and attacked him and his brother and damaged furniture with stone, stick and shovel. The stone and stick are recovered but the shovel is not recovered. De facto complainant suffered loss as well.
3. Learned counsel submits that the allegations are not true. The de facto complainant had attacked the first petitioner and inflicted injury but the Police had not taken any action. It is also submitted that none has sustained any serious injuries. Learned counsel has offered to deposit sum of Rs.2000/- said to be the loss suffered by the defacto complainant.
4. Having regard to the nature of the allegations and the investigation is required to be done, request for anticipatory bail cannot be allowed. Learned counsel submitted that the petitioners are prepared to be surrender before the investigating officer.
(i) Petitioners shall surrender before the Officer investigating Crime No.200 of 2014 of the Elathur Police Station on 02.06.2014 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 petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day where, it is open to the petitioners 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 petitioners is required, the investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall dispose of the application(s) as early as possible having regard to all relevant aspects including whether custody of any of the petitioners is required for any purpose.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge