IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8524 of 2011() ----------------------------- (CRIME NO.697/2011 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT) PETITIONERS/ACCUSED NOS.4 & 5 ------------------------ 1. PRADEEP, AGED 23 YEARS, S/O. PONNAN, NJAREKKODE, PATHANAPURAM, KAVASSERY VILLAGE, ALATHUR, PALAKKAD DISTRICT. 2. SURESH, AGED 29 YEARS, S/O. MANI, KADAMAN CHOLA HOUSE, VAVULLIYAPURAM, KAVASSERY VILLAGE, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.11.2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8524 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos.4 and 5 in Crime No.697/2011 of Alathur Police Station for offence punishable under Section379 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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 stolen articles are iron rods and the same was recovered after arresting the 1st accused. In the above circumstance, this petition is disposed of with the direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce them before the Magistrate concerned, so as to enable the petitioners to 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. (P.S.GOPINATHAN, JUDGE) ps/21/11