Petitioner is the first accused in Crime No.29 of 2014 of the Ernakulam Town North Police Station for the offences punishable under Secs.341, 323 and 326 r/w Sec.34 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 de facto complainant had borrowed `1,00,000/- from the petitioner and that amount was not repaid. It is submitted that on 31.12.2013 at about 6.45p.m, the petitioner and two others attacked the de facto complainant with reaper and stick causing fracture of the metacarpal. The weapons are not recovered.
3. Learned counsel submits that the allegations are not true. The de facto complainant had borrowed money from the mother of the third accused and issued a cheque for discharge of that liability. On that cheque being dishonoured, notice was issued to the de facto complainant with intend to proceed under Sec.138 of the Negotiable Instruments Act. The de facto complainant attacked the petitioner and the latter underwent treatment in a hospital at Ernakulam.
4. The medical certificate allegedly of the de facto complainant is not before me. It would appear that though the de facto complainant was admitted in the hospital on 31.12.2013, the police did not take any action and a private complaint was filed only on 10.01.2014. Since the weapons allegedly used by the petitioner are not recovered, request for pre-arrest bail cannot be allowed.
5. Having regard to the circumstances stated, I am inclined to issue directions.
The application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.29 of 2014 of the Ernakulam Town North Police Station on 03.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) Petitioner shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.
(vi) In case custody of the petitioner is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vii) Learned magistrate shall dispose of the application(s) on merit 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.
Sbna Sd/-
True Copy THOMAS P.JOSEPH, JUDGE.
P A to Judge