Shafi vs State of Kerala

Thomas P. Joseph, J.—Petitioners are accused Nos. 4 and 5 in Crime No. 157 of 2014 of the Kunnamkulam Police Station for the offences punishable under Secs. 143, 147, 148, 323, 324, 326 and 308 r/w Sec. 149 of the Indian Penal Code, apprehend arrest and have filed this application.

Learned Public Prosecutor has opposed the application. It is submitted that on 16.01.2014 at about 9.45 p.m. due to political rivalry, the petitioners and others attacked the de facto complainant and others with deadly weapons and inflicted hurt/grievous hurt in their attempt to cause death. It is submitted that custodial interrogation of the petitioners is required.

Learned counsel submits that there are two other cases registered by the police-Crime Nos. 155 and 156 of 2014 for similar offence for attacking the de facto complainant and others and in those cases, some of the accused are granted pre-arrest bail.

Some other accused in Crime No. 157 of 2014 filed B.A. No. 3789 of 2014 for similar relief. There also the same argument was advanced. This Court found that having regard to the nature of allegations and circumstances of the case, request for pre-arrest bail cannot be allowed and that the fact that some of the accused in other cases were granted relief is no ground to grant relief to the petitioners in B.A. No. 3789 of 2014. Having regard to that also, I do not find reason to take a different view in this application.

Learned counsel requested that the petitioners may be permitted to surrender before the officer investigation the case.

Let the petitioners surrender before the officer investigating the case on 07.07.2014 at 10 a.m. for interrogation and on other dates as directed by the investigating officer in case interrogation is not completed. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day where it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor atleast two working days in advance. In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate. Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners or any of them is required and pass appropriate orders as early as possible as per the law.