Petitioners are accused nos.1 to 3 in Crime No.203 of 2014 of the Vellarada Police station for the offences punishable under Secs.143, 147, 148, 294(b), 324 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 27.02.2014, the petitioners attacked the defacto complainant with deadly weapons and voluntarily caused death/grievous hurt to him. It is also submitted that the weapons are not recovered.
3. Learned counsel submitted that the allegations are not true. The defacto complainant and the petitioners are relatives. There are civil suits between them. The defacto complainant demolished a portion of the building of the 1st petitioner. Defacto complainant who is a karate expert attacked the 1st petitioner.
4. Having regard to the fact that the weapons are not recovered, request for pre arrest bail cannot be allowed. But, I am inclined to issue directions having regard to the nature of allegations.
The application is disposed of as under:
1. Petitioners shall surrender before the officer investigating Crime No.203 of 2014 of the Vellarada Police station on 30.05.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. Petitioners shall co-operate with investigation of the case.
4. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
5. On such production it is open to the petitioners to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
6. In case custodial interrogation of the petitioners 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 all relevant circumstances including whether detention of the petitioners is required for recovery of any material object and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge