Petitioner is the first accused in Crime No.293 of 2014 of the Erumapetty Police Station for the offences punishable under Secs.447, 341, 323 and 326 r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 10.03.2014 at about 9.30p.m, the petitioners and others trespassed into the compound of the de facto complainant and attacked him. The petitioner used iron block and caused fracture of left maxilla. It is pointed out that B.A.No.3052 of 2014 filed by the petitioner was dismissed by this Court on merit.
3. Learned counsel submits that B.A.No.3052 of 2014 was dismissed for want of representation. It is also submitted that the petitioner is not involved in the case.
4. I have gone through B.A.No.3052 of 2014 and find that though there was no representation for the petitioner, the application was dismissed on merit having regard to the nature of allegations made against him. I do not find reason to take a different view. Nor it is permissible. But, in case the weapon is seized/recovered, it is open to the petitioner to request for bail before the jurisdictional magistrate.
The application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.293 of 2014 of the Erumapetty Police Station on 17.06.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) Petitioner shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) 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.
(vi) In case custody of the petitioner 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 detention of the petitioner is required for recovery of any material object and pass appropriate orders as early as possible.
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge