IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 6766 of 2011() ----------------------------- CRIME NO.278/2011 OF PAZHAYANNUR POLICE STATION, THRISSUR DIST. .................... PETITIONER/ACCUSED -------------------------------------- 1. UMESH,AGED 22 YEARS, S/O.UNNIKRISHNAN, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR,TALAPPILLY, THRISSUR. 2. MANIKANDAN, AGED 40 YEARS, S/O.SANKARAN, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR, TALAPPILLY, THRISSUR. 3. ABILASH,AGED 23 YEARS,S/O.VASU, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR, TALAPPILLY,THRISSUR. 4. SYAM @ SYAMAPRASAD,AGED 22 YEARS, S/O.KRISHNAN, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR, TALAPPILLY,THRISSUR. 5. SURESHKUMAR,AGED 30 YEARS, S/O.MUNDAN, ACHATHUPADI COLONY, PUTHUCHIRA, PAZHAYANNUR, TALAPPILLY, THRISSUR. 6. MIDHUN, AGED 19 YEARS, S/O.MOHANAN, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR, TALAPPILLY, THRISSUR. 7. KUTAN @MADHU,AGED 23 YEARS, S/O.KUMARAN, ACHATHUPADI COLONY, PUTHURITHARA, PAZHAYANNUR, TALAPPILLY,THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682011. 2. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DIST PIN 680 664. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S.GOPINATHAN, J ---------------------------------- B.A.No.6766 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petitioners are the accused in Crime No.278/2011 of Pazhayannur Police Station for offences punishable under Sections 143, 147, 148, 341 and 324 of I.P.C. Thereafter having noticed that the defacto complainant had sustained severe injuries at shoulder bone, offence under 326 of I.P.C was also added. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioners moved Crl.M.C.No.1060/2011 before the Sessions Court, Thrissur seeking anticipatory bail. But the Sessions Court dismissed the bail application as per Annexure-I dated 9/8/2011 stating that having due regard to the facts and circumstances of the case, this is not a fit case to grant relief under Section 438 of the Code of Criminal Procedure. Seeking the same relief, this petition was filed. B.A.No.6766 of 2011 2 2. Having heard either side, I find no reason to diverge from the conclusions arrived by the learned Session Judge. Through the weapon used is bamboo stick, the victim has sustained major bone fracture. The crime was occurred on 30/5/2011. The petitioners had amble opportunity to apply for regular bail. Though nearly 5 and ½ months are over, the petitioners are not so far arrested. They are at large. Therefore, there is no basis in the apprehension that they would be arrested and tortured by the Investigating Officer. In the above circumstance, this petition is dismissed with direction to the petitioners to apply for regular bail which the learned magistrate shall dispose of irrespective of the observations in the order of this Court of the learned Session Judge. The application for bail shall be disposed of by the learned Magistrate, if possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. su S.GOPINATHAN, JUDGE