P. K. Abid v. Sub Inspector of Police, Perambra Police Station
2013-12-03
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioners are accused nos.1, 2 and 4, in Crime No.788 of 2013 of the Perambra Police station for the offences punishable under Secs.143, 147, 148, 341, 323, 324 and 308 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor, while opposing the application has submitted that on 03.09.2013 at about 6 p.m., due to political rivalry nine persons including the petitioners formed unlawful assembly armed with deadly weapons, committed rioting and attacked the defacto complainant. Petitioners 1 and 2 are said to have assaulted the defacto complainant with iron rod while the 3rd petitioner used a cycle chain. Other weapons used are granite stones and wooden reaper. Some of the weapons are recovered. None of the accused could be arrested so far. 3. Learned counsel has made a fervent plea for pre-arrest bail. It is submitted that the petitioners are falsely implicated. 4. Having regard to the nature of allegations made and the investigation required to be done, request for anticipatory bail cannot be allowed. 5. Petitioners can either surrender before the investigating officer or in the Court concerned. 6. In case the petitioners surrender before the investigating officer, after questioning etc. they shall be produced before the jurisdictional magistrate as early as possible. The application is disposed of with the above direction.