Petitioner is the 1st accused in Crime No.574 of 2014 of the Perinthalmanna Police Station for the offences punishable under Sections 143, 145, 147, 452, 332, 225 and 294(b) read with Sec.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 the Perinthalmanna Police had registered Crime No.573 of 2014 for the offence under Section 118 of the Police Act against accused 4 and 6, they were arrested and brought to the police station. On 11.04.2014 at about 10.00 p.m the petitioner and others trespassed into the police station and attacked two policemen on duty in their attempt to free the accused in Crime No.573 of 2014. Learned Public Prosecutor submitted that two policemen sustained injuries and among them the policeman on Paravu duty suffered more injuries.
3. Learned Senior Advocate submitted that the allegations are not true. According to the learned Senior Advocate accused 4
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and 6 in Crime No.573 of 2014 are involved in bailable offence for which those accused are entitled to get bail as of right and they were released from the police station at a time when the Sub Inspector was not there. When the Sub Inspector reached the police station he got furious as accused 4 and 6 were released on bail. He ransacked house of the petitioner for which a case is registered against the Sub Inspector as Crime No.583 of 2014. According to the learned Senior Advocate, the petitioner is falsely implicated in the case on political ground.
4. In the nature of the allegations made and investigation required to be made, I am inclined to think that request for pre- arrest bail made by the petitioner cannot be allowed as it may affect the investigation of the case. It is open to the petitioner to surrender before the investigating Officer. In case petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible. In case petitioner moves any application for bail, learned magistrate shall dispose of the same as early as possible.
Application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv