Pathu Wilson, Francis @ Kattapranji and Kuttan vs The Sub Inspector of Police and State of Kerala

S.S. Satheesachandran, J.—Petitioners are the accused, three in number, in crime No. 606/2013 of Shakthikulangara Police Station, Kollam, registered for offences punishable under Sections 324, 427 and 452 read with Section 34 of the Indian Penal Code. They have filed the above application seeking pre-arrest bail u/s 438 of the Code of Criminal Procedure, for short "the Code". Allegation is that at about 9.30 p.m. on 12.05.2013, while defacto complainant was standing beside his house accused persons intimidated him and when defacto complainant rushed back to his house, all the accused, after committing criminal trespass upon that house, assaulted him and also caused damages to the tune of Rs. 1,000/-, breaking and throwing six flower pots placed beside the building. Crime registered over the occurrence is now pending investigation.

Learned counsel for petitioners submits that allegation imputed would clearly show that there is no pre-meditation, and the implication of accused for the offences u/s 452 of the Indian Penal Code has been falsely made to detain them after their arrest. Opposing the application learned Public Prosecutor submitted that materials collected by investigating agency disclose complicity of petitioners in the offences imputed and their arrest and custodial interrogation is essential for a fair investigation.

After hearing the submissions made and looking into the facts and circumstances presented I find this is not a fit case where petitioners can be extended the discretionary relief of anticipatory bail. At this stage learned counsel for petitioners requested for an opportunity to surrender before the investigating officer fixing date and time to do so by order of this Court. Considering the submissions made following directions are issued while declining pre-arrest bail to petitioners.

In case petitioner surrender before the investigating officer at 10 a.m. on 17.07.2013, after their interrogation and in the event of their arrest in the crime, they shall be produced before the magistrate of competent jurisdiction without delay. On such production application for bail, if any, moved by petitioner with advance notice to Assistant Public Prosecutor also, shall be considered by the magistrate expeditiously and disposed it on its merits in accordance with law.