Petitioners are accused Nos.1 to 4, in Crime No.288 of 2014 of the Valiyathura Police Station for the offences punishable under Secs.294(b) and 332 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 son of the first petitioner is involved in other cases and the police was in search of him in Crime No.285 of 2014. On the relevant day, the police went to the house of the first petitioner and others enquiring about his son. The first petitioner and others told the police that his son is not there but, the police found him. The police took him to custody and brought him to the police jeep. At that time, the petitioners assaulted the police officials with granite stones causing injuries to them.
3. Learned counsel submits that the allegations are not true. It is submitted that son of the first petitioner had got involved in one case sometime back and thereafter, he was falsely implicated in several cases. A complaint was preferred to the Human Right Commission. Thiruvananthapuram which issued Annexure-A1, order.
It is submitted that the third petitioner is a voluntary kidney donor and is not capable of making any such resistance as alleged.
4. I have gone through the CD file. The wound certificates show that a few police officials sustained injuries though minor. I am not satisfied that this is a case where the extraordinary jurisdiction could be exercised. But, I am inclined to issue directions.
Resultantly this application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.288 of 2014 of the Valiyathura Police Station on 11.06.2014 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) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) 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.
(v) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners is required for any purpose and pass appropriate orders as early as possible.
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THOMAS P.JOSEPH, JUDGE.
P A to Judge