Petitioners are accused nos.1 and 2 in Crime No.168 of 2014 of the Chirayinkeezh Police station for the offences punishable under Secs.294(b) and 324 read with Sec.34 of the Indian Penal Code and Sec.27 of the Arms Act, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 27.02.2014 at about 8.00 p.m., the petitioners assaulted the defacto complainant on the road in front of their house with sword and inflicted injuries.
3. Learned counsel submitted that the allegations are not true. According to the learned counsel, the defacto complainant and others were drinking in public, trespassed into the compound of the 1st petitioner and attacked him. The 1st petitioner suffered injuries and was admitted in the hospital. The Police registered Crime No.169 of 2014 for the offences punishable under Secs.447, 324 and 506(ii) read with Sec.34 of the Indian Penal Code.
4. Having regard to the relevant circumstances, I am inclined to think that the appropriate course open to the petitioners is to surrender before the investigating officer.
The application is disposed of as under.
1. Petitioners shall surrender before the officer investigating Crime No.168 of 2014 of the Chirayinkeezh Police station on 02.06.2014 at 10.00 am 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. In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
5. If custody of the petitioners is required for any purpose, the investigating officer also can move application before the learned magistrate.
6. Learned magistrate shall consider the application(s) on merit and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge