This is an application filed by the petitioner anticipating arrest in connection with the non-bailable offence by the respondent under Section 438 of the Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is conducting a mobile shop in the name 'Zero Plus Mobiles' from the year, 2009 and he is conducting the business without any complaint. He was called to the Police Station on the allegation that one mobile phone purchased by Babu is a stolen article and they wanted to ascertain the same and for the purpose he is being called to the Police Station and he is anticipating arrest in that case and that prompted him to file this application.
3. The counsel for the petitioner submitted that the petitioner has been questioned and the mobile phone said to have been found is not a mobile phone sold from the shop of the petitioner and he is prepared to co-operate with investigation.
4. The learned Public Prosecutor submitted that he has not been made an accused so far but he is a suspected accused and investigation is still in progress.
5. Heard both sides and perused the report of the investigating officer.
6. It is seen from the report of the investigating officer that Crime No.1012 of 2014 of Tanur Police Station was registered alleging offences under Sections 457 and 380 of the Indian Penal Code on the basis of a complaint given by one Sunil alleging that his mobile phone was stolen. During investigation it was revealed that investigation is going on and they wanted to ascertain from whom his mobile phone was purchased etc. It is also in a way admitted that the present petitioner was also questioned as part of the investigation as a suspected person. But however they feel that further investigation is required in this matter. Since none have been made accused so far in the case, this court feels that this is not proper at this stage to grant anticipatory bail to the petitioner invoking power under Section 438 of the Code of Criminal Procedure.
7. If the respondent wants to question the petitioner then they are directed to issue a notice under Sections 41A or 106 of the Code of Criminal Procedure and on receipt of such notice if the petitioner appears before the investigating officer in the above crime for the purpose of interrogation and after interrogation if the investigating officer feels that his arrest is required as he has involved in the crime then after recording his arrest, he is directed to be produce him before the jurisdictional magistrate without delay. On such production if the petitioner moves an application for bail, then the learned magistrate is directed to consider and dispose of the bail application strictly in accordance with law as far as possible on the date of filing of the application itself, after hearing the Assistant Public Prosecutor of that court.
With the direction and observation, the anticipatory bail application is disposed of.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge