Sadanandan v. State of Kerala, represented by Public Prosecutor, High Court of Kerala
2013-10-09
THOMAS P.JOSEPH
body2013
DigiLaw.ai
JUDGMENT 1. Petitioners apprehend arrest in Crime No.491 of 2013 of Wandoor Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 308, 294(b), 394 and 506 (1) r/w Section 149 of Indian Penal Code. 2. Allegation is that on 27-08-2013 at about 6.30 p.m., the accused attacked the defacto complainant and others with iron rod and reaper ect. Petitioner and others moved the learned Sessions Judge, Manjeri for anticipatory bail but, the request of the petitioners was rejected. 3. Learned counsel submitted that the investigating officer has submitted a report deleting Sections 394 and 308 from the F.I.R in the course of the investigation. Certified photocopy of the reports are handed over to the learned Public Prosecutor. 4. Learned Public Prosecutor submitted that iron rod and reaper ect. are to be recovered. 5. Having regard to the above and since the offences under Sections 394 and 308 are now deleted, I am inclined to grant some relief to the petitioner. Resultantly, this petition is disposed of as under: 1) Petitioner shall report to the officer investigating Crime No. 491 of 2013 of the Wandoor Police Station on 22/10/2013 at 10 a.m. 2) After interrogation, in case the arrest of the petitioner is recorded, petitioner shall be produced before the Jurisdictional magistrate the same day. 3) It is open to the petitioner to move application for bail before the learned magistrate. 4) Intimation of such intention to move the application for bail shall be given to the Assistant Public Prosecutor at least two working days in advance. 5) If custodial interrogation is required, the officer concerned can make appropriate request before the learned magistrate. 6) Learned magistrate shall dispose of the application(s) preferred as above as early as possible having regard to the facts of the case.