Petitioner is the first accused in Crime No.525 of 2014 of the Vellikkulangara Police Station for the offences punishable under Sections 341, 323, 326 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 28.04.2014 at about 06.30 p.m., the petitioner and others wrongfully restrained and attacked the de facto complainant with dangerous weapons and caused grievous hurt. The weapon is not recovered. Its identity has also to be revealed.
3. Learned counsel submits that the allegations are not true. The de facto complainant and others trespassed into the house of the second accused and attacked his parents for which Crime No.526 of 2014 is registered for the offences punishable under Sections 341, 323, 452, 294(b) and 506 of the Indian Penal Code. It is also submitted that first information was given in Crime No.525 of 2014 after four days.
4. Since the weapon (allegedly) used is to be identified and recovered, request for pre-arrest bail cannot be allowed. I am inclined to think that after interrogation of the petitioner, request for bail can be considered by the jurisdictional magistrate.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.525 of 2014 of the Vellikkulangara Police Station on 07.07.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed 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) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day where, it is open to the petitioner to move application for regular bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
(iv) If custody of the petitioner is required for recovery of the weapon if any or for other reason the investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge