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Judgment
8 paragraphs · 265 wordsMohammed Nias C.P., J
This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.
The petitioner is the 1st accused in Crime No.82/2023 of Thrikkakkara Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 143, 147, 148, 323, 324, 326 and 397 r/w Section 149 of the Indian Penal Code.
The prosecution case is that on 14.01.2023 at 2.00 a.m., the petitioner, along with others, formed an unlawful assembly and attacked the defacto complainant with iron sticks and inflicted injuries on his head with deadly weapons near the premises of Salam Thattukada at Kakkanadu and thereby committed the offence.
The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
Taking into account the seriousness of the offence and that 42 other crimes of grave nature are registered against the petitioner, I reject the prayer for anticipatory bail as it would hamper an effective investigation. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits.If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
Subject to the above,this application is dismissed.