IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10059 of 2011() ------------------------------------------ CRIME NO.965/2011 OF VADAKKENCHERRY POLICE STATION, PALAKKAD ---------------------------- PETITIONER/ACCUSED NOS.3 TO 5 ----------------------------------------------------- 1. VASUDEVAN,AGED 37 YEARS, S/O.THACHU EZHUTHACHAN, THEKKETHIL HOUSE, PADINJARETARA,MUDAPPALLUR, PALAKKAD DISTRICT 2. PARTHASARATHI,AGED 45 YEARS, S/O.KUMARAN, PUZHAKKAL HOUSE, MUDAPPALLUR,PALAKKAD DISTRICT 3. SURESH,AGED 32 YEARS, S/O.MURUKESHAN, KOMATHARA,MUDAPPALLUR, PALAKKAD DISTRICT BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I OF POLICE, VADAKKENCHERRY POLICE STATION,PALAKKAD BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.10059 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER Petitioners are accused 3 to 5 in Crime No.965/2011 of Vadakkancherry Police station for offences punishable under Sections 143, 147 and 148 r/w 149 of I.P.C and Section 3 r/w Section 25(1) of the Arms Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, petitioners filed a petition as Crl.M.P.No.3491/2011 before the Sessions Judge, Palakkad under Section 438 of the Code of the Criminal Procedure 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. By Annexure A order, the learned Sessions Judge dismissed the petition. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find that the 3rd petitioner is involved in Crime No.966/2011 for identical offence. First accused was caught red handed while they were armed with deadly knives as members of the unlawful assembly. It didn't appear to be a falsely foisted case. In the above circumstance, the learned Sessions Judge is right in dismissing the petition. I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. B.A.No.10059 of 2011 2 In the result, I dispose of this petition 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 Magistrate shall dispose of on merits, untrammeled by the observations in this order or in the order of the Sessions Judge, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su