Petitioners are accused Nos.1 to 3, in Crime No.269 of 2014 of the Kadakkavur Police Station for the offences punishable under Secs.341, 294(b), 323, 324 and 326 r/w Sec.34 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 15.03.2014 at the relevant time, the first petitioner assaulted the de facto complainant with a beer bottle causing fracture of the nasal bone and when he fell down, the third petitioner hit him with a motor cycle. Beer bottle and motor cycle are not recovered.
3. Learned counsel submits that the allegations are not true. There was a clash between two groups in the course of a temple festival.
4. Since it is submitted that material objects are yet to be recovered, I am not inclined to grant pre-arrest bail to the petitioners. But, I am inclined to issue directions.
The application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.269 of 2014 of the B.A.No.2781 of 2014 2 Kadakkavur Police Station on 30.05.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.
(vi) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vii) Learned magistrate shall dispose of the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners or any of them is required for recovery of any material objects and pass appropriate orders as early as possible.
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THOMAS P.JOSEPH, JUDGE.
P A to Judge