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Judgment
The petitioners herein seek pre arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment in
connection with Crime No.182 of 2017 of the Vengara Police
Station registered under Sections 120(B), 364(A), 395, 323,
324 and 506(ii) of the Indian Penal Code. They are the
accused Nos.6 and 7 in the crime.
The prosecution case is that a gang of persons
including these petitioners abducted the complainant''s
husband with the object of extracting money and when
their attempt failed, they jointly committed robbery of a car
from the possession of the complainant''s husband. The
Police report shows that these petitioners had also active
involvement along with the 1st accused in the alleged acts
of offence including abduction and decoity .
In the nature of the allegations, I feel it
appropriate to direct the petitioners to surrender before the
Investigating Officer for necessary interrogation. Their
interrogation is absolutely necessary for the collection of
materials concerning the circumstance of the commission of
the alleged offences, the identity and other details of each
accused, the role and complicity of each accused, 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 seven days from this date
for interrogation.
b. After such interrogation, the
Investigating Officer will produce the petitioners
before the court below 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 on merits by
the court below on the same day.