IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 8203 of 2011() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2736/2011 CRIME NO.82/2011 OF THRITHALA POLICE STATION, PALAKKAD DISTRICT .................... PETITIONERS/ACCUSED 2 TO 5 ------------------------------------- 1. FAISAL,S/O.UNNI AHAMMED,AGED 28 YEARS, AMBALTH VEETTIL HOSUE,ANGADI POST, PATTITHARA, OTTAPALAM, PALAKKAD DISTRICT. 2. FAIZ AHAMMED, AGED 19 YEARS,S/O.UNNI AHAMMED, -DO- -DO- 3. FAHAD, AGED 22 YEARS,S/O.UNNI AHAMMED, -DO- -DO- 4. MAHMOOD, AGED 2O YEARS,S/O.HAMSA, -DO- -DO- BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THRITHALA 679 534, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 8203 of 2011 ---------------------------------------------------------- Dated this the 3rd day of December, 2011 ORDER Petition under Section 438 of the Code of the Criminal Procedure. In pursuance to the order dated 1/12/2011, parties are present in person. One of the parties has got a case that he could not comply the earlier order in B.A.No.2736/2011as he had University examination. But it is not seen stated so, anywhere in this petition. Others have no good explanation for not complying with the earlier order. Therefore, I find no good reason to entertain a second petition under Section 438 of the Code of the Criminal Procedure. The learned counsel for the petitioners submitted that his counter part has informed that a final report was already submitted, after deleting Section 308 of I.P.C. If that is so, in the normal course, the question of Investigating Officer arresting the petitioners would not arise except upon the orders of the Court, where the final report was filed. In the above circumstance, this petition is disposed of with direction to the petitioners to apply for regular bail. P.S.GOPINATHAN, JUDGE su