IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 8896 of 2011() ---------------------------------- (CRIME NO.395/2011 OF MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM) ........ PETITIONER/ACCUSED NO.1 TO 3 ---------------------------------------- 1. AJI,S/O.SOMAN PANICKER, HINDU,AGED 44 YEARS,RESIDING AT ASWATHY BHAVAN,PONNARA, OORUTTAMBALAM PO,MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. 2. KARUNAKARA PANICKER, S/O.GOVINDAN, AGED 68 YEARS,ASWATHY BHAVAN,EDATHARA, OORUTTAMBALAM, MARANALLOOR VILLAGE. 3. KRISHNA PANICKER,S/O.VELAYUDHAN AGED 65 YEARS,AMRITHALAYAM, PLAVUVILA, OORUTTAMBALAM, MALAYINKIL VILLAGE. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8896 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the 1st, 2nd and 3rd accused in Crime No.395/2011 of Maranalloor Police Station for offences punishable under Sections 447, 324 and 326 r/w 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. Having heard either side, it is revealed that weapon used is chopper and the defacto complainant sustained very serious injuries , unconscious and in Intensive Care Unit. Therefore, it appears to be a clear case of attempt for culpable homicide. This is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the petitioners to appear before the Investigating Officer, who after interrogation, produce them before the Magistrate concerned, who may dispose of the bail application, if any filed, at the earliest. SU P.S.GOPINATHAN, JUDGE