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Judgment
Petitioners are accused 1 to 3 in crime no.2846/2017 of Chavara police station. They have allegedly committed offences punishable under Secs 308, 323, 326, 341 and 447 of IPC read with IPC 34. Apprehending their arrest, they seek bail under Sec.438 of Cr.P.C .
The prosecution case goes as follows: The accused persons had grudge against the first informant. Therefore at about 10.00 a.m on 3.8.2017 the accused persons got into a private bus in which the first informant was a passenger. The first accused abused the first informant with filthy words and beat on the head of the first informant with lever of a jack. The second accused fisted on the back of the first informant with a spanner. Accused 3 and 4 fisted on the right cheek and left ear of the first informant. The victim sustained a fracture on the nasal bone.
Heard the learned counsel for the petitioners and the learned public prosecutor.
I am shown the case diary by the learned public prosecutor. I perused the papers in it. I saw in those papers materials against the petitioners. The wound certificate
suggests fracture of the nasal bone of the first informant.
Serious injuries have been caused to him in the incident. The investigation is in progress. The petitioners seem to be hiding somewhere. Their possibility of absconding if enlarged on bail cannot be ruled out. The possibility of them fleeing from justice cannot be ignored. For these reasons I do not consider this to be a fit case to invoke the provisions of Sec.438 of Cr.P.C
The learned counsel for the petitioners submits that the petitioners wish to surrender before the investigating officer. The petitioners have all the freedom to do so. In the event of such surrender the investigating officer after interrogation shall produce the petitioners before the court concerned within the time allowed by the Cr.P.C . On such production the court concerned will act according to law. It is made clear that the investigating officer is under no obligation to keep on waiting for the surrender of the petitioners.
The application is dismissed.