This is an application filed by the accused numbers 1, 3, 4, and 6 to 8 in Crime No.237/2014 of Kanjikuzhi police station for anticipatory bail under Section 438 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 24.08.2014 at about 7.30 p.m, when the police officials went to the place where some dispute was going on in respect of some property and in order to prevent crime being committed there and when they went there, they found that certain people were confined in a room and a crime was registered as Crime No.239/2014 and when the police officials were about to take the culprits in that case, the accused persons formed themselves into an unlawful assembly with deadly weapons and attacked police officials and prevented them from discharging the official duty and caused injuries to them and thereby, all of them have committed the offences punishable under Sections 143, 147, 148, 332, 323, 324, 353 read with Section 149 of the Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case. In fact, on that day, one Saigal and his goondas came to the property and trespassed into the building of Jacob and forcibly tried to evict him from the shop and they attacked Jacob and his family members and on knowing that general public assembled there and on the basis of the complaint given by Jacob, a crime was registered as Crime No.238/2014 against Saigal and his associates and now, the police is trying to falsely implicate the petitioners as they went there to avoid Jacob and his family members being forcibly evicted from the property.
4. The application was opposed by the Public Prosecutor on the ground that when the police went to the property on coming to know about some crime is being committed in respect of some property in respect of which, civil suits are pending and when they went there, they found that some persons were wrongfully confined in a room by some persons and when they wanted to rescue them, the mob there attacked the police officials and caused injuries. 3 crimes were registered in respect of the same. 1 - Crime No.238/14 against Saigal and others and 239/14 of the same police station and in respect of this incident, the present crime as Crime No.237/14 was also registered. The presence of the petitioners may be required. So, they prayed for dismissal of the application.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the above case was registered on the basis of the statement given by the injured police officer against 7 named persons who are the petitioners herein alleging commission of the above said offence. It is also seen from the records that there were two other crimes also registered namely., Crime Nos.238/14 and 239/14 in respect of certain incident happened at the time when the police reached there. It is also seen from the case diary file that the weapon said to have been used for the commission of the offence has not been recovered as well. So, under the circumstances, this court feels that it is not a fit case to grant anticipatory bail to the petitioners invoking the power under Section 438 of Code of Criminal Procedure. But, that will not prevent the petitioners surrendering before the investigating officer or before the concerned magistrate court and move for bail if they surrender before the concerned magistrate court. If they surrender before the investigating officer and after interrogation, if the investigating officer feels that their arrest is required, then, after recording their arrest, the investigating officer is directed to produce them before the concerned magistrate court without delay and on such production, if the petitioners move for regular bail before that magistrate court, then, the learned magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court as far as possible on the date of filing of the application itself.
With the above direction, the application is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge