Petitioners are accused in Crime No.554 of 2014 of the Vatakara Police station and seek pre arrest bail notwithstanding that this Court, by order dated 22.05.2014 in B.A. No.3328 of 2014 rejected their request and directed that in case they are arrested, they shall be produced before the jurisdictional magistrate as early as possible. 2. Learned counsel submits that this Court rejected request in B.A. No.3328 of 2014 on the premise that some of the weapons are yet to be recovered. Learned counsel read from the remand report to contend that there is no prayer for remand for recovery of any weapon. It is submitted that learned Session's judge while granting relief to some of the accused has observed that investigation of the case is almost completed. A further argument learned counsel has advanced is that the injury suffered by the defacto complainant are simple in nature.
It is also submitted that the Police had not sought for further custody of any of the accused who were taken to custody.
3. Learned Public Prosecutor has submitted that while B.A. No.3328 of 2014 was argued it was submitted that all the weapons are not recovered based on the materials available.
4. On going through the order in B.A. No.3328 of 2014, I find that it was considering nature of allegations made against the petitioner and the investigation required to be done that request for pre arrest bail was rejected. On hearing both sides, I do not find reason to take a different view from the one I have taken as far as the request for pre arrest bail is concerned. But if the material objects are taken to custody and having regard to all relevant circumstances offence under Sec.308 is not attracted, those matters could be urged before the jurisdictional magistrate when a request for regular bail is made.
The application is disposed of as under.
1. Petitioners shall surrender before the officer investigating Crime No.554 of 2014 of the Vatakara Police station on 25.06.2014 at 10.00 a.m. for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioners to raise all their contentions as aforesaid.
4. Learned magistrate shall consider the application for bail if preferred and pass orders on merit as early as possible.
THOMAS P. JOSEPH JUDGE NS