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. 8408 of 2011() ----------------------------- (CRIME NO.276/2011 OF VILAPPILSALA POLICE STATION, TRIVANDRUM DIST.) PETITIONERS/ACCUSED 1 TO 3, 6&7 ------------------- 1. SHAIJI S.DAS, S/O.SATHYADAS, SATHYA NIVAS, PARAMKUZHY, MULAYARA P.O., THIRUVANANTHAPURAM. 2. THANKARAJ, S/O.JAMES, SATHYA NIVAS, PARAMKUZHY, MULAYARA P.O., THIRUVANANTHAPURAM. 3. SATHYADAS, S/O.JAMES, SATHYA NIVAS, PARAMKUZHY, MULAYARA P.O., THIRUVANANTHAPURAM. 4. ANEESH, S/O.MOHANDAS, ANEESH BHAVAN, PARAMKUZHY, MULAYARA P.O., THIRUVANANTHAPURAM. 5. AJEESH, S/O.MOHANDAS, ANEESH BHAVAN, PARAMKUZHY, MULAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH SMT.P.M.SHIJI RESPONDENT/ STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. ADDL.R2: SASEENDRAKUMAR S/O. DASAN, AGED 50 YEARS, AMAL BHAVAN, VILAPISALA, THIRUVANANTHAPURAM. (ADDL.R2 IS IMPLEADED AS PER ORDER DT.17.11.2011 IN CRL.M.A.No.7035/2011) ADV. SRI.SREEKANTH S.NAIR FOR ADDL.R2 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.8408 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. 1 to 3, 6 and 7 in Crime No.276/201 of Vilappilsala Police Station for offences punishable under Sections 143, 147, 148, 149, 294(b), 341, 324, 326 and 308 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 petitioner on bail in the event of arrest with a plea that they are innocent of the allegations. 2. The learned Government Pleader submitted that the investigation is already over and chargesheet has been submitted before the Magistrate. In the above circumstance, I find no reason to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is dismissed with liberty to the petitioner to apply for regular bail, which the court below 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/18/11