Petitioner is accused in Crime No.469 of 2014 of the Yeroor Police station for the offences punishable under Secs.420 and 120(b) 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 petitioner and others entered into a criminal conspiracy and collected gold ornaments from the defacto complainant on various promises including that her illness will be cured. Petitioner is working as shanthi in a temple. Some of the ornaments are already recovered.
3. Learned counsel submitted that the allegations are not true. According to the learned counsel, allegations are only against accused 1 and 3.
4. Having regard to the nature of allegations, request for pre arrest bail cannot be allowed. At the same time, I am inclined to issue directions.
The application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.469 of 2014 of the Yeroor Police station on 27.05.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with the investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
5. 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.
6. If custody of the petitioner is required for any purpose, it is open to the investigating officer also to move application before the learned magistrate for the same.
7. Learned magistrate shall consider the application(s) having regard to the necessity for remand of the petitioner, if any and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge