IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 8951 of 2011() ---------------------------------- (CRIME NO.1659/2011 OF KUNDRA POLICE STATION, KOLLAM DISTRICT) ........ PETITIONER/ACCUSED ---------------------------- 1. JIJESH, S/O.JOY, AGED 27 YEARS JIJO SADANAM,PADAPPAKKARA, PERAYAM CHERRY, KOLLAM DISTRICT. 2. JIJO,S/O.YESUDASAN, AGED 26 YEARS, JAIMON VILASOM PADAPPAKKARA, PERAYAM CHERRY, KOLLAM DISTRICT. 3. VINOD, S/O.MARYDASAN, AGED 28 YEARS, LOURD MANDIRAM, PADAPPAKKARA, PERAYAM CHERRY, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): --------------------- STATA OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM, BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8951 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in Crime No.1659/2011 of Kundara Police Station for offences punishable under Sections 353, 294(b) and 506(1) r/w 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 allegations. 2. Having heard either side, I find that the only non bailable offence alleged is under Section 353 I.P.C. The offence alleged occurred on 2/10/2011. In the given set of pleadings, normally petitioners would have got regular bail, if applied for. Petitioners have not stated any reason for not applying for regular bail. In the result, this petition is disposed of with direction to the petitioners to apply for regular bail, which the learned Magistrate shall dispose of on merits as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. SU P.S.GOPINATHAN, JUDGE