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Judgment
The petitioners herein are the two accused in Crime No.437 of 2017 of the Adimaly Police Station registered under Sections 323, 324 and 326 read with 34 of the Indian Penal Code. They seek pre-arrest bail under Section 438 Cr.P.C.
The prosecution case is that, at about 5.30 p.m on 27.3.2017, the petitioners assaulted the de facto complainant and inflicted simple and grievous injuries on his body with weapon. The wound certificate in the name of the complainant shows that he had sustained so many injuries including fracture of L1 to L4 vertebra.
In the nature of the allegations in the complaint, I feel it inappropriate to grant pre-arrest bail as such to the petitioners. They will have to surrender before the Investigating Officer for necessary interrogation. Their interrogation is felt necessary for the collection of some materials concerning the actual motive for the alleged incident, the circumstance in which the alleged incident B.A No.3022 of 2017 happened, the nature of the weapons used, the role and complicity of each of the accused, the nature and consequence of the injuries, etc. After such interrogation, the request for regular bail can be considered by the court below having jurisdiction. In the result, this bail application is disposed of, as follows:
a. The petitioners shall surrender before the Investigating officer between 9 a.m and 10 a.m on any day within ten days from this date for interrogation.
b. After such interrogation, the Investigating Officer will produce the petitioners before the learned Magistrate having jurisdiction on the same day before 4 p.m. c. In case application for regular bail is filed by the petitioners the same shall be judiciously considered and decided by the learned Magistrate on the same day.