IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl.No. 9220 of 2011() ----------------------------- (CRIME NO.1079/2011 OF CHADAYAMANGALAM POLICE STATION, KOLLAM) PETITIONER(S): PETITIONERS/ACCUSED ---------------------------------- 1. SHAFEEK, S/O.SHAMSUDEEN, SHAFEENA MANZIL (A1), KAKODE, POREDAM P.O., KOLLAM DISTRICT. 2. SHAN, S/O.ABDUL RASHEED, AGED 26 YEARS, CHARUVILAPUTHENVEEDU, KANIYARAKONAM, POREDAM P.O., KOLLAM DISTRICT. BY ADV. SRI.SALIM V.S. RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 9220 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 ORDER Petitioners are accused 1 and 4 in Crime No.1079/2011 of Chadayamangalam Police Station for offences under Sections 143, 147, 148, 341, 323, 324, 326, 427 r/w Sections 149 of Indian Penal Code. Apprehending arrest, detention and torture at the hands of the investigation, this petition under Sec. 438 of Cr.P.C is filed seeking pre-arrest bail. 2. During the course of arguments, it is revealed that the petitioners 2 and 3 are released on bail after being arrested. Having due regard to the nature of the offence alleged, I find that this is not a fit case to invoke jurisdiction under Sec.438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioners to surrender before the investigating officer, who, after interrogation, shall produce the petitioners before the Magistrate concerned so as to enable the petitioners to apply for bail, which the learned Magistrate shall dispose of on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, JUDGE. Scl.