Petitioners are accused Nos.1 and 2, in Crime No.113 of 2014 of the Malayinkil Police Station for the offences punishable under Secs.341, 294(b), 323, 324 and 326 r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 12.02.2014 at the relevant time and place, the petitioners attacked the de facto complainant with granite stone and inflicted several injuries.
3. Learned counsel submits that the allegations are not true. The de facto complainant was seen in nude in the vicinity of house of the petitioners and staring at daughter of the first petitioner. She raised alarm. The de facto complainant ran away. The petitioner made a complaint to the police. The Sub Inspector went to the house of the de facto complainant and saw him with injury. Case was registered only on 14.02.2014.
4. I have gone through the CD file. In the first information statement, the reason for delay in giving information is given as that the de facto complainant was under the impression that the hospital B.A.No.2729 of 2014 2 authorities would intimate the police about the matter. The wound certificate shows that the de facto complainant was brought to the causality ward of the Medical College Hospital on 12.02.2014. It is also seen that he sustained several fractures apart from the lacerated wounds.
5. In the above circumstances and having regard to the investigation required to be done, request of the petitioners for pre-arrest bail cannot be allowed.
6. Learned counsel requested that the petitioners may be permitted to surrender before the investigating officer.
7. Let the petitioners surrender before the officer investigating the case on 12.06.2014 at 10a.m and on other dates as the investigating officer may direct in case interrogation is not completed. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast two working days in advance.
The application is disposed of with the above direction.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge