This is a petition filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.2550/2014 of the Kothamangalam Police Station, Ernakulam presently pending investigation for the offences punishable under Sections 427, 447, 326, 506(ii) and 294(b) of the Indian Penal Code.
3. The allegation against the petitioner is that he had criminally intimidated one Shaji Francis, who is a contractor by profession, at the courtyard of the Grama Panchayat Office at Keerampara on 14. 1.2014 at 2.30 p.m. by placing a knife on his neck and abused him in filthy language. Thereafter, when people gathered, the petitioner got inside the car and drove the car towards the said Shaji Francis. When he moved away in order to escape, the car ran over his left foot thereby a fracture has been occurred to the small toe of his left foot. The gate as well as the compound wall of the Panchayat Office were smashed by the petitioner by driving his car in a tremendous speed.
4. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Additional Director General of Prosecution. Perused the CD.
5. The contents of the CD, prima facie, reveal the complicity of the petitioner. The learned counsel for the petitioner has tried to canvass an argument that the petitioner was attacked at the compound of the Panchayat and he made his escape by his car from the compound of the Panchayat Office. There are no other materials to substantiate the said argument. The allegations against the petitioner are very grave and serious. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am of the view that this is not 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, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within seven 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge