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Judgment
14 paragraphs · 264 wordsK. Haripal, J
This is an application filed under Section 438 of the Code of Criminal Procedure, moved by one of the accused in Crime No.121/2021 of Mattannur
Police Station. The crime was registered on 19.02.2021 alleging the offence under Section 395 IPC. The alleged incident had happened at 4.20 a.m.
on 13.02.2021.
The learned counsel for the petitioner submits that he is totally innocent in the crime, he has been falsely implicated, that the subject matter of
robbery being one kg of gold had no proper assignment and that there are mysterious aspects to be resolved by the prosecution and that the police is
after him without any basis and therefore, he seeks for pre-arrest bail.
The learned Public Prosecutor has opposed the application. According to the learned Public Prosecutor, investigation of the case is in progress,
even though the rank of the petitioner cannot be ascertained now, ten accused including the petitioner had involved in the commission of the crime that
the role of the petitioner is very much patent and his custodial interrogation is necessary for unravelling the mystery.
Having heard the learned counsel on both sides, I am not convinced that this is a fit case for granting anticipatory bail. The petitioner is at liberty to
surrender before the Investigating Officer within ten days from today. On surrendering, if there are materials to suggest his involvement in the crime,
his arrest shall be effected at the earliest and he shall be produced before Court without loss of time.
With this observation, the petition is disposed of.