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. 8974 of 2011() ----------------------------------------- CRIME NO.NOT KNOWN TO THE PETITIONERS, KODUNGALLUR POLICE STATION, THRISSUR DISTRICT PETITIONERS ----------------------- 1. SHEHIN V.Y,AGED 25 YEARS, S/O.YOUSEF,VENAT HOUSE,U-BAZAR, ERIYAD P.O.,ERIYAD VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT 2. AJEESH,AGED 24 YEARS, S/O.ALU,KALLUNGAL HOUSE, U-BAZAR,ERIYAD P.O.,ERIYAD VILLAGE, KODUNGALLUR TALUK,THRISSUR DISTRICT 3. FAZIL,AGED 19 YEARS, S/O.KAREEM,PUNNAKKAL HOUSE, U-BAZAR,ERIYAD P.O.,ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.ONEAL SABU RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB-INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8974 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. Apprehending, arrest, detention and torture at the hands of the Sub Inspector of Police in an unknown crime, the petitioners seek 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. The learned Public Prosecutor having taken instruction submitted that the petitioners are accused in Crime No.1355/2011 of Kodungallur Police Station for offences punishable under Sections 143, 147, 148, 323 and 308 r/w Section 27 of Arms Act and that the second petitioner is involved in many other crimes and that custodial interrogation of the petitioner is warranted. The learned counsel for the petitioner is not in a position to deny the same. In the above circumstance, I find that this is not a fit case to B.A. NO. 8974 OF 2011 2 invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with a direction to the petitioners to surrender before the Investigating Officer. The investigating Officer, after interrogation, with or with out arrest shall produce before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk