Petitioner is the 4th accused in Crime No.595 of 2014 of the Varkala Police station for the offences punishable under Secs.341, 323, 324 read with Sec.34 of the Indian Penal Code, Sec.27 of the Arms Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 03.05.2014 at about 10.30 p.m., the petitioner and other accused wrongfully restrained and voluntarily caused hurt to the defacto complainant with sword. The 3rd accused used the sword. The petitioner kicked the defacto complainant. The 3rd accused is not so far arrested. The weapon is not recovered.
3. Learned counsel submitted that the allegations are not true. At any rate, the allegation against the petitioner is only that he kicked the defacto complainant.
4. Since interrogation of the petitioner is required, may be concerning whereabouts of the 3rd accused etc., request for pre arrest bail cannot be allowed. But, I am inclined to issue directions.
The application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.595 of 2014 of the Varkala Police station on 18.06.2014 at 10.00 a.m. for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day where it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
5. If custody of the petitioner is required for any purpose, it is open to the investigating officer to move application before the learned magistrate for the purpose.
6. Learned magistrate shall disposed of the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for recovery of any material object and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge