Petitioner is accused, in Crime No.833 of 2014 of the Njarakkal Police Station for the offence punishable under Sec.55(a)
(i) of the Kerala Abkari Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 01.05.2014 at about 2.45p.m, the police party saw two persons standing near the aurorikshaw with glass, went there and while so, another person who was sitting in the autorikshaw escaped from the scene riding a motor cycle. The police questioned the two persons and seized 10 bottles of IMFL of 500ml each etc, from the autorikshaw. According to the prosecution, petitioner is the person who escaped from the scene and brought the contraband to the place of occurrence for sale.
3. Learned counsel submits that the allegations against the petitioner are not true. Petitioner has no such antecedents as alleged. It is also submitted that neither the autorikshaw nor the motor cycle belonged to the petitioner.
4. The mahazar for scene of occurrence states about the presence of the person who ran away from the autorikshaw and escaped riding a motor cycle. It is pointed out that statement of the two persons who were found near the autorikshaw also indicate that the petitioner had brought the contraband to the place.
5. In the nature of the allegations made against the petitioner, request for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
Resultantly this application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.833 of 2014 of the Njarakkal Police Station on 11.06.2014 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) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) 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.
(v) In case custody of the petitioner is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall dispose of the application as per the law as early as possible.
Sbna Sd/-
True Copy THOMAS P.JOSEPH, JUDGE.
P A to Judge