Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1053 of 2014 of Aryanad Police Station, registered for the offences punishable under Sections 447, 294 (b), 324, 326 and 427 IPC.
3. The allegation against the petitioner is that on 18.08.2014 at 10.00 p.m., he trespassed into the courtyard of the house of the defacto complainant and by abusing him, inflicted a blow aimed at his head with a stick. The same was warded off by the defacto complainant and thereby he sustained a fracture at the lower 1/3 of his right ulna. It is also alleged that the petitioner smashed the glasses of the window panes and the bicycle placed in front of the house, thereby causing a wrongful loss of ₹2,500/- to the defacto complainant.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioner. The investigation of this case is not over. Considering the seriousness of the allegations against the petitioner and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation. In the result, these bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within five days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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B.KEMAL PASHA, JUDGE DSV/01/12 // True Copy // P.A. To Judge