~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the second accused in Crime No.1106/2014 of Nemom Police Station registered for the offences punishable under Sections 294(b), 332 and 34 IPC.
3. Allegation against the petitioner and the other accused is that they have wrongfully restrained the defacto complainant, who is a process server of the First Additional Munsiff's Court, Thiruvananthapuram, on 12/8/2014 at 2.30 p.m. when he approached them for serving summons and notice on the injunction application in OS No.1592/2014 of the said Court. It is alleged that the petitioner wrongfully restrained him, and A1 by abusing him, caught hold of him and snatched and threw away the notices, his bag and identity card, and slapped on his face, neck and back.
4. Contents of the C.D. prima facie reveal the complicity of B.A. No.7732/2014 2 the petitioner. This is not a fit case wherein anticipatory bail can be granted. But, at the same time, the fact that the petitioner is a lady has to be considered. The learned counsel for the petitioner requests that the petitioner may be permitted to surrender before the Investigating Officer.
In the result, this bail application is dismissed. The petitioner may, if so advised, surrender before the Investigating Officer within five days from today and co-operate with the investigation. After interrogation, without delay, she shall be produced before the jurisdictional Magistrate. In case advance notice is served on the Assistant Prosecutor in charge of the case, the learned Magistrate shall consider and dispose of the bail application, if any, filed by the petitioner, preferably on the same day itself.
(B.KEMAL PASHA, JUDGE) dpk +++