Petitioner is accused in Crime No.122 of 2014 of the Muhamma Police Station for the offences punishable under Sections 458, 326, 324 and 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that the request of the second accused in the case for pre-arrest bail was rejected by this Court as per order dated 23.05.2014 in B.A.No.2857 of 2014.
3. The learned counsel requested that the petitioner may be granted relief.
4. I am given a copy of the order referred supra. The facts and circumstances of the case are narrated in the said order. Hence, it is not necessary to re-state the same in this order. The petitioner is alleged to have assaulted the de facto complainant with a stone. Having regard to the relevant circumstances, request for pre-arrest for bail cannot be allowed. But I am inclined to issue directions :
1. Petitioner shall surrender before the officer investigating the case on 05.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case any other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
4. If custody of the petitioner is required for any purpose, the investigating officer can move application for the purpose.
5. Learned Magistrate shall dispose of the application(s) as provided under law as early as possible.
AMV THOMAS P. JOSEPH JUDGE