Petitioner is the 6th accused in Crime No.236 of 2014 of the Mananthavady Police station for the offences punishable under Secs.392, 394 and 120B read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner and the 5th accused engaged accused 1 to 4 and accordingly, the defacto complainant was summoned to the house of the 1st accused on 07.03.2014. He was robbed of Rs.12,000/- and a mobile phone. Rs.17,000/- was collected using his ATM card. Only Rs.2000/- is recovered by the Police. Political rivalry between the defacto complainant, the petitioner and the 5th accused is said to be the reason for the incident.
3. Learned counsel submitted that the allegations are not true. The petitioner is falsely implicated.
4. Though the allegation against the petitioner appears to be criminal conspiracy, it is not clear whether any material object is to be recovered through the petitioner. Hence request for pre arrest bail cannot be allowed. At this stage, I also bear in mind the submission made by the learned counsel that there is a possibility of dispute being settled between the parties. In the light of that, I am inclined to issue directions.
The application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.236 of 2014 of the Mananthavady Police station on 28.05.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case.
4. After interrogation in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production it is open to the petitioner to seek regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
5. If for any reason custody of the petitioner is required, the investigating officer also can move application before the learned magistrate for the same.
6. Learned magistrate shall consider the application(s) on merit and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge