- (1.) The petitioner herein is one of the three accused in Crime No.161 of 2016 of the Meppayyur Police Station, registered under Sections 294 (b), 341, and 353 read with 34 of the Indian Penal Code. The prosecution case is that, when the Sub Inspector of Police, Meppayyur and party came at Gulikapuzha to arrest an accused in execution of the warrant of arrest issued by the Judicial First Class Magistrate Court, Koyilandy, this petitioner and two others obstructed the police party, assaulted the Sub Inspector, and thus prevented discharge of official functions by the police party. The police report shows that the 1st accused was arrested on 5.5.2016, and he is now on bail. One of the three accused is yet to be arrested.
(2.) On hearing both sides, and on a perusal of the materials, I feel it proper to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. Matters concerning him including details regarding his identity will have to be collected by interrogation. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. In the result, this application is disposed of as follows: a. The petitioner shall surrender before the Investigating Officer between 9 a.m and 10 a.m on any day within seven days from this date for necessary interrogation. b. After such interrogation, the Investigating Officer will produce the petitioner before the learned Magistrate having jurisdiction on the same day before 4 p.m. c. In case application for regular is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day, however with notice to the other side. ;