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. 9190 of 2011() ----------------------------------------- CRIME NO.743/2011 OF MANGALAPURAM POLICE STATION. .................. PETITIONERS/ACCUSED 3 AND 5: ------------------------------------------------ 1. BAIN, S/O.BABU, AGED 22 YEARS, KRISHNA BHAVAN, VAYATTINKARA, MURUKKUMPUZHA, THIRUVANANTHAPURAM. 2. EBIN GOMEZ, S/O.GOMEZ, SURABHI, MUNDAKKAL, MURUKKUMPUZHA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN G., SRI.MANU V. RESPONDENTS/COMPLAINANT/STATE AND INVESTIGATING OFFICER: -------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM-695 603. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9190 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of the Criminal Procedure. Petitioners are accused 3 and 5 in Crime No.743/2011 of Mangalapuram Police Station for offence punishable under Section 379 r/w. Section 34 of I.P.C. 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 allegation. 2. Having heard either side, it is revealed that the case is registered relating to the theft of copper wires. Petitioners were implicated on the base of the statement of the first accused. The offence being under Section 379 of I.P.C, the submission of the prosecution that interrogation of the petitioners is warranted for investigation cannot be declined. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer, who after interrogation, with or without arrest and recovery, if any, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of on merits. P.S.GOPINATHAN, JUDGE su