Petitioner is the second accused in Crime No.728 of 2014 of the Nemom Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 365, 307 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 20.05.2014 at about 03.00 p.m., on the allegation that the de facto complainant sexually harassed niece of the first accused, himself and others including the petitioners formed unlawful assembly and in prosecution of their common object, assaulted the de facto complainant and abducted him in a car belonging to the petitioner. The petitioner was present at the spot at the relevant time. The accused 2 and 4 followed the car in a motor cycle. Petitioner is involved in Crime No.1286 of 2012 of the Fort Police Station for the offences under Sections 451, 323 etc. of the Indian Penal Code. It is submitted that the weapons used are knife and reaper.
3. Learned counsel submits that the allegations are not B.A.No.4520 of 2014 2 true. Petitioner is falsely implicated merely for the reason that he is the registered owner of the car which has a taxi permit. The allegation that the petitioner was present at the spot is a subsequent invention, it is argued.
4. Since the investigation conducted so far revealed, apart from that the petitioner is the owner of the car involved that he was also present at the relevant time, and considering the investigation required to be done, request for pre-arrest bail cannot be allowed.
5. It is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge