Petitioner is the accused in Crime No.579 of 2014 of the South Paravoor Police Station for the offences punishable under Sections 294(b) and 326 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public prosecutor has opposed the application.
It is submitted that on 20.03.2014 at about 9.30 p.m over a dispute regarding tiling work, the petitioner attacked the de facto complainant with stone causing damage to the left ear drum. The weapon is not recovered.
3. Learned counsel submitted that the allegations are not true. The de facto complaint attacked the petitioner.
4. Since the weapon of offence is not recovered, grant of pre-arrest bail would affect the investigation. Hence I am inclined to issue directions.
(i) Petitioner shall surrender before the Officer investigating Crime No.579 of 2014 of the Sought Paravoor Police Station on 03.06.2014, at 10.00 a.m. for interrogation.
(ii) In case interrogation is not completed on 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) After questioning the petitioner if he is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including the necessity for custody of the petitioner for recovery of any material object as per the law and pass orders as early as possible.
The application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
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