IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9137 of 2011() -------------------------------------- CRIME NO.1306/2011 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT ........... PETITIONER/ ACCUSED 1 & 2 ------------------------------------------ 1. VINOD, AGED 33 YEARS, S/O.GOPALAKRISHNAN, BIJU BHAVAN, KOTTIYAM KOLLAM DISTRICT. 2. VIJESH, AGED 31 YEARS, S/O.GOPLAKRISHNAN, BIJU BHAVAN, KOTTIYAM KOLLAM DISTRICT BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMTS.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9137 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 and 2 in Crime No.1306/2011 of Kottiyam Police Station for offences punishable under Sections 294(b), 324, 326 and 427 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating 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 with a hard wooden stick the defacto complainant was assaulted and he sustained fracture on the wrist of the left hand. It does not appear to be false implication. The learned Govt. Pleader would submit that the petitioners are members of sand maffia and that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Having due regard to the nature of the offence B.A. NO. 9137 OF 2011 2 alleged, I find merit in his submission. It is pertinent to note that though the crime occurred as early on 8-10-2011, the petitioners were not so far arrested and there is a little merit in the apprehension that the Investigating Officer would arrest or detain the petitioners. Therefore, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. The petitioner shall apply for regular bail, which the learned Magistrate shall dispose of in the ordinary course. In the result, this petition is disposed of with direction to the petitioners to surrender before the Magistrate concerned and apply for regular bail, which the learned Magistrate shall dispose of, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge