~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. According to the petitioners, they are apprehending arrest in connection with Crime No.512/2014 of Vellathooval Police Station. The said crime was registered for the offences punishable under Sections 324, 354 and 308 read with Section 34 IPC.
3. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.
4. The learned Senior Public Prosecutor has pointed out that so far the petitioners have not been arraigned as accused in the crime as identification is required. Earlier, these petitioners had moved this Court for anticipatory bail through B.A. No.7614/2014, which was disposed of vide order dated 28.10.2014. Then also, same was the situation and the presence of the petitioners was required for the continued investigation of this case. This Court had directed the investigating officer to issue notice under Section 41A Cr.P.C. to the petitioners in case their presence was required. The learned Senior Public Prosecutor has pointed out that such notices were issued and they have not complied with the directions of the investigating officer to be present. Instead of it, it seems that the present bail application has been filed. It is for the petitioners to appear before the investigating officer and to co-operate with the investigation.
5. This bail application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners 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.
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(B.KEMAL PASHA, JUDGE) aks/26/11 // True Copy // PA to Judge