Petitioner is the second accused in Crime No.866 of 2014 of the Anchalumoodu Police Station for the offences punishable under Sections 160, 225(B), 353 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 04.06.2014 the de facto complainant who is a Police Constable had taken one Sehin to custody and while so, 2 persons (including the petitioner) came there and falsely rescued the said Sehin from the custody of the de facto complainant. The petitioner and others obstructed the de facto complainant from discharging his official duty.
3. Learned counsel submits that the allegations are not true. Petitioner is a public servant. He happened to be present at the place where the de facto complainant had take the persons concerned, to custody. He merely asked for what purpose the de facto complainant had taken those persons to custody and for that reason, he is falsely implicated.
B.A.No.4468 of 2014 2
4. I have gone through the F.I. Statement (Annexure- A2) where there is a specific reference to the (alleged) involvement of the petitioner. In the nature of allegation I am not inclined to excise the extra ordinary jurisdictional in favour of the petitioner. Request for pre-arrest bail cannot be allowed.
Application is dismissed. It is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge