~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.4734/2014 of Perumbavoor Police Station pending investigation for the offences punishable under Sections 323, 326 and 506(i) read with Section 34 IPC.
3. The allegation against the petitioner is that, on 30.10.2014 at 3 p.m., he deliberately caused to hit his scooter bearing registration No.KL-40J-8518 on the de facto complainant while he was present on the road, thereby the de facto complainant fell down. Then, the petitioner stamped him and beat him with an iron rod, thereby causing the fracture of his ulna.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the CD.
5. The contents of the CD, prima facie, reveal the complicity of the petitioner. The investigation of this case is not over. The allegations against the petitioner are very grave and serious. The custodial interrogation of the petitioner is required for the continued investigation of this case. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within seven days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/04/12 // True Copy // PA to Judge