Thouseef v. Sub Inspector of Police Bekkel Police Station
2013-11-04
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioners are accused 1 to 3, in Crime No.784 of 2013 of the Bekkal Police Station for the offence punishable under Sec.394 of the Indian Penal Code. 2. Allegation is that on 14.10.2013 at about 10.15p.m, petitioners came in a car, restrained the de facto complainant (one Muneer), assaulted him with reaper and robbed him of Rs.7,000/-. The car was left abandoned and the same and the reaper were recovered by the police. 3. Learned Public Prosecutor has opposed the application. 4. Learned counsel submits that the de facto complainant and one Shafi were regularly engaged in removal of river sand without authority regarding which the petitioners gave information to the various authorities including the CI of Police, Coastal Police Station, Thalankara through mobile phone number -9746535639. It is submitted that the SI of Police, Bekkal who was acting hand in glove with the de facto complainant and the Shafi has falsely implicated the petitioners for the said reason. Petitioners preferred complaint to the District Police Chief, Kasaragod on 28.10.2013 concerning all what transpired. Learned counsel submitted that the allegations against the petitioners are false. It is also submitted that the second petitioner was taken to custody. 5. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to think that it is appropriate that investigation of this case is taken up by the DySP, Kanhangad since some allegations are made against the SI of Police, Bekkal Police Station. Let the District Police Chief, Kasaragod issue orders transferring the case forthwith to the DySP, Kanhangad for the further investigation. 6. So far as the request for anticipatory bail is concerned, it is necessary that petitioners are interrogated by the DySp, Kanhangad. I am sure, the said officer will look into the complaint of the petitioners particularly with reference to the call details from the mobile phone number above referred to the telephone used by the Circle Inspector, Coastal Police Station, Thalankara (toll free number - 1093 kept in the office of the said officer). 7.
I am sure, the said officer will look into the complaint of the petitioners particularly with reference to the call details from the mobile phone number above referred to the telephone used by the Circle Inspector, Coastal Police Station, Thalankara (toll free number - 1093 kept in the office of the said officer). 7. The question whether petitioners 1 and 3 could be released on bail shall be decided by the jurisdictional magistrate having regard to the above facts and the materials collected in the interrogation of petitioners 1 and 3 as also call details and the statement, if any of the Circle Inspector of the Coastal Police Station, Thalankara may give in the matter. Resultantly this application is disposed of as under: (i) Investigation of Crime No.784 of 2013 of the Bekkal Police Station shall hereafter be conducted by the DySP, Kanhangad. (ii) District Police Chief, Kasaragod shall pass necessary orders to facilitate the above, immediately on a copy of this order being served on him. (iii) Petitioners 1 and 3 shall report to the DySP, Kanhangad on 12.11.2013 at 10 a.m for interrogation. (iv) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners 1 and 3 on other day/days and time as may be specified by him which the petitioners 1 and 3 shall comply. (v) The Dy SP, Kanhangad, I am sure will look into the complaint of the petitioners 1 and 3 which I have referred above while investigating the case. (vi) petitioners 1 and 3 shall be produced after interrogation, in case of their arrest before the jurisdictional magistrate the same day. (vii) On such production, it is open to the petitioners 1 and 3 to request the learned magistrate for bail. (viii) Information regarding moving of such application shall be given to the Assistant Public Prosecutor concerned atleast three working in advance so that he will be equipped with the facts of the case. (ix) If for any reason, custody of the petitioners 1 and 3 is required, the officer concerned can move application before the learned magistrate.
(viii) Information regarding moving of such application shall be given to the Assistant Public Prosecutor concerned atleast three working in advance so that he will be equipped with the facts of the case. (ix) If for any reason, custody of the petitioners 1 and 3 is required, the officer concerned can move application before the learned magistrate. (x) Learned magistrate shall consider the request of petitioners 1 and 3 bearing in mind necessity for custodial interrogation, if any, having regard to the fact situation above stated as also what emerges from the interrogation of the petitioners 1 and 3 and the statement if any that may be given by the Circle Inspector of the Coastal Police Station, Thalangara. (xi) It is directed that in case any of petitioners 1 and 3 are arrested by the officer investigating Crime No.784 of 2013 in the meantime, they shall be released on bail till their production before the learned magistrate as above stated on their executing bond for Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for the like sum each before the Arresting Officer. (xii) The petitioners 1 and 3 shall produce a copy of this order before the Dy SP, Kanhangad and the District Police Chief, Kasaragod for compliance with the directions issued above, forthwith.