Petitioners are accused Nos. 1 to 3 in Crime No.358 of 2014 of the Cherpulassery Police Station for the offences punishable under Sections 143, 147, 148, 452, 323, 308 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.03.2014 at about 04.30 p.m., the petitioners and others trespassed into the shop of the de facto complainant and attacked him with deadly weapons. First petitioner used iron rod while the second petitioner used punch. Iron rod is recovered but the punch is not recovered. Reason for the assault is that the de facto complainant intervened when the petitioners and others attacked his friend.
3. Learned counsel submitted that the allegations are not true. When some of the accused were coming out of the hospital, they were attacked by the de facto complainant and others for which the Police registered Crime No.360 of 2014 for the offences punishable under Sections 323, 324, 341 r/w Section 34 of the Indian Penal Code. It is submitted that the B.A.No.2865 of 2014 2 second accused settled his dispute with the de facto complainant and he was released on bail by the jurisdictional magistrate.
4. In the nature of the allegations made against the petitioners and the investigation required to be done, their request for pre-arrest bail cannot be allowed.
It is directed that in case petitioners are arrested, they shall be produced before the jurisdictional magistrate on the date of arrest itself, where it is open to the petitioners to request for bail. Learned magistrate shall dispose of the application as early as possible.
Application is disposed of as above.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge