Petitioner is accused in Crime No.163 of 2014 of the Chevayur Police station for the offences punishable under Sec.511 of Sec.379 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted hat on 24.02.2014 at about 9.45 p.m., the defacto complainant found the petitioner hiding in the porch of his house and running away therefrom jumping over the compound wall. A motorcycle was seen kept near the compound wall which was taken to custody by the Police. The motorcycle belonged to the petitioner. Purpose of the petitioner hiding is to be ascertained by interrogation.
3. Learned counsel submitted that the allegations are not true. Though the alleged incident was on 24.02.2014, a complaint was preferred only on 01.03.2014. According to the learned counsel, the motorcycle was not seized from the place claimed by the prosecution.
4. It is revealed that the motorcycle belonging to the petitioner was taken to custody by the Police (allegedly) from near the house of the defacto complainant. In the circumstances, I am inclined to think that the petitioner has to be questioned by the investigating officer as to what if any was his intention in allegedly hiding in the porch of the defacto complainant. Pre arrest bail cannot be granted but, I am inclined to issue directions. If interrogation of the petitioner is over, learned magistrate has to consider whether the petitioner's detention is required for any purpose.
Application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.163 of 2014 of the Chevayur Police station on 07.07.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day where it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
5. If custody of the petitioner is required for any purpose, the investigating officer also can move application before the learned magistrate.
6. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for recovery of any material object etc. and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge