Petitioners are accused nos1 to 3 in Crime No.422 of 2014 of the Taliparamba Police station for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 326 and 308 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 31.03.2014 at about 4.30 p.m., the petitioner and others formed unlawful assembly and attacked the defacto complainant with iron rod causing injuries including fracture of the left leg. The weapon is recovered.
3. Learned counsel submitted that there is a connected case registered by the Alakode Police as Crime No.220 of 2014. This case and that case were settled between the parties as per the agreement executed on 03.04.2014. In view of that settlement, learned Judicial First Class Magistrate, Taliparamba has granted bail to the 4th accused in Crime No.422 of 2014.
4. If that be so, there is no reason why the petitioners shall not surrender before the learned magistrate. In the circumstances, I am inclined to issue the following directions.
The application is disposed of as under.
1. Petitioners shall surrender before the officer investigating Crime No.422 of 2014 of the Taliparamba Police station on 25.06.2014 at 10.00 a.m. for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. Petitioners shall co-operate with the investigation of the case.
4. After interrogation in case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
5. On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public prosecutor concerned at least two working days in advance.
6. If for any reason custody of the petitioners is required, it is open to the investigating officer to file application before the learned magistrate for the purpose.
7. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including the settlement claimed by the petitioners, whether detention of the petitioners is required to effect any recovery and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge