Petitioners are accused Nos.1 to 3 in Crime No.550 of 2014 of the Palode Police Station for the offences punishable under Secs.324 and 326 r/wSec.34 of the Indian Penal Code, Sec.27 of the Arms Act, apprehend arrest and have filed this application.
2. Learned Public Prosecutor while opposing the application submits that on 20.05.2014 at about 6p.m, the petitioners went in a motor cycle and attacked the de fact complainant with sword and iron rod. Petitioner suffered fracture of the tooth. The weapons are not recovered.
3. Learned counsel submits that the allegations are not true. It is also submitted that the de facto complainant has not sustained any injury which could be caused by the sword or iron rod.
4. I have gone through the wound certificate and find that the de facto complainant suffered abrasion below the left ear. But I find that the weapons are not recovered. In that situation though the petitioners are not reported to be involved in any other case, I am not inclined to grant pre-arrest bail as that would affect investigation but I am inclined to issue directions.
The application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.550 of 2014 of the Palode Police Station on 03.07.2014 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) Petitioners shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) 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.
(vi) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vii) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether if the material objects are recovered, detention of the petitioners or any of them is required for any purpose and pass appropriate orders as early as possible.
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THOMAS P.JOSEPH, JUDGE.
P A to Judge