IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9483 of 2011() CRIME NO. 954/2011 OF KOTTARAKKARA POLICE STATION IN KOLLAM DISTRICT ----------------------------- PETITIONERS/ACCUSED: ---------------------------------- 1. FIROSH KUMAR R. K, S/O. REGHUNATHAN KAMAL VIHAR, VELIYAM PO, VELIYAM VILLAGE, KOLLAM. 2. RAJEEV S @ UNNI CHARUVILA PUTHEN VEEDU MEENADU EAST, CHATHNNOOR PO, KOLLAM. 3. VISHNU GOPAL, THOTTATHIL PUTHEN VEEDU THAZHAM THEKKU, CHATHANNOOR PO, KOLLAM. BY ADV. SRI. B. MOHANLAL RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9483 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 2 to 4 in Crime No.954/2011 of Kottarakkara Police Station for the offences under Sections 353, 468 and 471 r/w Sections 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition is 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. 2. Having heard either side, it is revealed that the first accused earlier filed Bail Application No.3658/2011 seeking the same relief. But that petition was not allowed and that the petitioner was directed to surrender before the Investigating Officer. The Investigating Officer after interrogation shall directed to produce the petitioner before the Magistrate concerned and accordingly, he was produced before the Magistrate who granted bail. In the above circumstance, I find no good reason to reject the same relief to the petitioners, if applied for bail. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of, on such terms and conditions as he deems fit, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk