Petitioners are the accused 1 and 2 in Crime No.1700 of 2014 of the Karunagappally Police Station registered under Sections 323, 324, 341 and 326 of the India Penal Code. The prosecution case is that at about 04.30 p.m., on 16.05.2014 these petitioners and the other co-accused assaulted the de facto complainant and his friends and caused simple and grievous injuries on their body with weapons like sword, iron rod, bricks etc. The crime was registered on the first information statement given by the injured Soma Prasad. On the apprehension of arrest the petitioners seek pre-arrest bail under Section 438 of the Code of Criminal Procedure.
2. As required by this Court, the learned Public Prosecutor produced the case diary along with report of the investigating officer, and she opposed the application on the ground that investigation will be obstructed if the petitioners are granted pre-arrest bail.
3. On hearing both sides, and on a perusal of the case diary, I find the absolute necessity of custodial interrogation of B.A.No.4379 of 2014 2 the petitioners as part of investigation. It is submitted that one more weapon remains to be recovered and 2 of the accused remain to the detected and arrested. I find the possibility of such steps in investigation being obstructed, if the petitioners are now granted bail. They will have to surrender before the investigating officer ,and the question of bail can be considered by the learned magistrate having jurisdiction. Any way the question of pre-arrest bail cannot be thought of before the other accused are detected and arrested, and all the weapons used by the assailants are seized or recovered as part of investigation. This application is only to be dismissed.
4. However, if the petitioners so opt, they can surrender before the investigating officer, and they can make application for regular bail under Section 437 of the Code of Criminal Procedure before the learned magistrate having jurisdiction.
In the result, this application for pre-arrest bail is dismissed.
P. UBAID, JUDGE.
AS