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2013 DIGILAW 947 (KER)

Sudheesh v. State of Kerala, represented by The Public Prosecutor, High Court of Kerala

2013-11-05

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioner is accused, in Crime No.293 of 2013 of the Mannancherry police station for the offences punishable under Secs.324 and 307 r/w. Sec. 34 of the Penal Code, apprehends arrest and has filed this application. 2. Case is that on 31.01.2013 at about 04:30 p.m., the petitioner stabbed the de facto complainant with a broken beer bottle thrice causing injuries to him. 3. Learned counsel submits that the allegations are false, the petitioner and the de facto complainant are friends and under intoxication there was a push and pull, the de facto complainant fell on the broken beer bottle and sustained injuries. Learned counsel also submits that the de facto complainant had filed affidavit in the Sessions court that the case is settled. 4. Learned Public Prosecutor, while opposing the application contends that the petitioner has stabbed the de facto complainant thrice with a beer bottle which is yet to be recovered. 5. Having regard to the circumstances, the request for pre-arrest bail cannot be allowed. But I am inclined to issue directions. Resultantly, this application is disposed of as under:- 1) Petitioner shall report to the officer investigating Crime No.293 of 2013 of the Mannancherry police station on 11.11.2013 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on other date/dates and time which the petitioner shall comply. 3) In case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 4) Petitioner can request the learned magistrate for bail with notice of intend to move application given to the Assistant Public Prosecutor concerned at least three working days in advance. If any such request is made, learned magistrate shall decide that application having regard to the facts of the case and as per the law in force. 5) In case custodial interrogation of the petitioner is required, the investigating officer can make appropriate application before the learned magistrate. 6) Learned magistrate shall dispose of the application(s), if any preferred by the petitioner or the Investigating Officer as the case may be, as early as possible.