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Judgment
B. Kemal Pasha, J.—Petition u/s 438 Cr.P.C. Petitioners are accused Nos. 3 to 5 in Crime No. 222/2013 of Nenmara Police Station pending investigation for the offences punishable under Sections 143, 147, 148 and 399 read with Section 149 IPC and Section 20 read with Section 27 of the Arms Act.
The allegation against the petitioners is that, they, along with the other accused, created terror in the minds of the people in the locality by travelling to and fro through the public road at 11.25 p.m. on 18.02.2013 by wielding swords and by exploding crackers on the road. The local people caught two of the accused and handed over them to the police. The petitioners escaped from the scene.
Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the CD. The contents of the CD, prima facie, reveal the complicity of the petitioners. The learned counsel for the petitioners has pointed out that the petitioners are youngsters of 18 to 20. It is also argued that no criminal antecedents have been reported against the petitioners. Considering the facts and circumstances of this case, I am of the view that, while dismissing this bail application, an opportunity can be granted to the petitioners to surrender before the investigating officer and to co-operate with the investigation and to effect recovery of the weapon used. In the result, this bail application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate''s Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.