~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.63/2014 of Pozhiyoor Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 294(b), 120B and 307 read with Section 149 IPC.
3. The allegation against the petitioner and other accused is that on 24.01.2014 at 8.30 p.m., they formed themselves into an unlawful assembly, armed with deadly weapons like chopper, knife, etc., committed rioting and rioting armed with deadly weapons. It is alleged that they have obstructed the de facto complainant, who was coming by a motor bike, and inflicted very serious injuries on the de facto complainant, thereby attempting to commit murder.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The investigating officer has reported that the actual role played by the petitioner in the incident has to be unearthed and so far the other accused, who were already arrested, have not divulged any version regarding any of the acts played by the petitioner in the incident. According to the investigating officer, the same has to be verified only through the interrogation of the petitioner. It has also been pointed out that in the F.I.Statement, the name of the petitioner has been clearly mentioned. The investigation has a long way to go. The allegations against the petitioner are very grave and serious. Considering all the above, I am of the view that, while dismissing this bail application, an opportunity can be granted to the petitioner to surrender before the investigating officer and to co-operate with the investigation and to effect recovery of the weapon used.
In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within five days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/27/11 // True Copy // PA to Judge