Petitioners are accused Nos.1, 2 and 4 to 9 in Crime No.539 of 2014 of the Central Police Station, Ernakulam for the offences punishable under Secs.143, 147, 148, 323, 324 and 307 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 20.03.2014 at about 1.50p.m, the petitioners and others who formed unlawful assembly committed rioting armed with knife, iron rod, iron chain voluntarily caused hurt and attempted to cause death of the de facto complainant and others. Accused Nos.6, 7 and 9 are involved in another crime as well. The weapons are not recovered.
3. Learned counsel submits that the allegations are not true. It is submitted that though there is an allegation of use of deadly weapons, there is either no injury or the injury inflicted is only minor making the allegation regarding use of weapons false. It is also submitted that the petitioners are students of the college aged about 18 years undergoing examination. Learned counsel has also invited my attention to the interim order this Court has passed on 13.05.2014 preventing arrest till 22.05.2014. It is also submitted that examination of the petitioners will be over only on 03.06.2014. According to the learned counsel, if at all this Court is not inclined to grant bail to the petitioners, the interim order may be kept alive until 03.06.2014.
5. On hearing the learned counsel and the learned Public Prosecutor and considering the facts of the case, I am not inclined to think that this is a case where relief could be granted to the petitioners. The learned Public Prosecutor has submitted that the petitioners will not be arrested until 03.06.2014 since they are attending examination. That submission is recorded.
The application is disposed of as under:
(i) Request for pre-arrest bail is rejected.
(ii) Submission of the learned Public Prosecutor that the petitioners will not be arrested until 03.06.2014 is recorded subject to the condition that the petitioners shall not, during the said period go beyond Ernakulam district except with the permission of the jurisdictional magistrate.
(iii) It is open to the petitioners to surrender before the investigating officer or the Court concerned. In case the petitioners are Sbna arrested, they shall be produced before the jurisdictional magistrate as early as possible.
Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge