Petitioner is accused in Crime No.901 of 2013 of the Sasthamkotta Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, and 307 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Allegation is that on the relevant and time the petitioner and others attacked the de facto complainant due to political rivalry while the later was engaged in affixing posters. The petitioner used sword while the second accused used iron rod. The sword is not recovered.
3. Learned counsel submits that the allegations are not true. It is also submitted that the petitioner has appeared for PSC test and is waiting for the appointment. According to the learned counsel, the de facto complainant belongs to the Popular Front and due to religious rivalry, the petitioner and others are falsely implicated.
4. In the nature of allegations made against the petitioner and as the weapon of offence (allegedly) used by him is not recovered, request for pre-arrest bail cannot be allowed. Hence I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.901 of 2013 of the Sasthamkotta Police Station on 03.06.2014 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) Petitioner shall co-operate with investigation of the case.
(iv) 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.
(v) If for any reason custody of the petitioner is required, the investigating officer can move application for that purpose before the learned magistrate.
(vi) Learned magistrate shall dispose of the application (s) as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge