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2013 DIGILAW 978 (KER)

Rajeesh v. State of Kerala represented by The Sub Inspector of Police Kodumon Police Station represented through The Public Prosecutor High Court of Kerala

2013-11-13

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioners are accused Nos.1 to 3, in Crime No.880 of 2013 of the Kodumon Police Station for the offences punishable under Secs.323, 324 and 452 r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application. 2. It is alleged that the de facto complainant questioned flashing of torch light on his face, petitioners trespassed into his house on 20.10.2013 at about 9p.m while he was taking food, he was called out and assaulted. The first petitioner is said to have used a stick and torch. The petitioners 2 and 3 slapped and kicked the de facto complainant. 3. Learned Public Prosecutor while opposing the application has submitted that the weapons are not recovered. 4. Learned counsel requested for pre-arrest bail. 5. Having regard to the circumstances stated, request for pre-arrest bail cannot be allowed. Petitioners have to surrender before the Investigating Officer. Resultantly this application is disposed of as under: (i) Petitioner shall surrender before the officer investigating Crime No.880 of 2013 of the Kodumon Police Station on 19.11.2013 at 10 a.m for interrogation. (ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioner shall comply. (iii) Petitioners shall co-operate with the investigation of the case. (iv) After interrogation, the petitioners shall be produced before the jurisdictional magistrate as early as possible before whom petitioners may move application for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance. (v) Learned magistrate shall dispose of the application(s) as early as possible.