Petitioners are accused Nos.1 to 4 and 6 and 7 in Crime No.306 of 2014 of the Bekal Police Station for the offences punishable under Secs.143, 147, 148, 452, 341 and 324 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that due to political rivalry, the petitioners and others trespassed into the house of the de facto complainant on 14.04.2014 at about 10p.m and destroyed window glass etc causing loss of Rs.6,000/-. A wooden stick was used in the incident.
3. Learned counsel submits that the allegations are not true. It is submitted that the de facto complainant and others attacked the petitioners for which Crime No.307 of 2014 is registered.
4. Having regard to the nature of allegations made and investigation required to be done, request for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
B.A.No.3021 of 2014 2 Resultantly this application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.306 of 2014 of the Bekal Police Station on 06.06.2014 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 petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast two working days in advance.
(v) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners is required for any purpose and pass appropriate orders as early as possible.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge