IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 7678 of 2011() ----------------------------- (CRIME NO.927/2011 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT. ) ----------- PETITIONERS/ACCUSED ----------------------------------------- 1. DEVAKUMAR, AGED 27 YEARS, S/O.DEVARAJAN, VAZHAVILA THODI, JANAKEEYANAGAR 116, PATTATHANAM P.O., KOLLAM-21. 2. SANULAL, AGED 25 YEARS, S/O.MADHU, SARASWATHI VILASOM, VIVEKANANDHA NAGAR-14, KILIKOLLOOR P.O., KOLLAM-691004. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 7678 of 2011 ---------------------------------------------------------- Dated this the 7th day of December, 2011 ORDER Apprehending arrest, detention and torture at the hands of the Investigating Officer in Crime No.927/2011 of Kilikolloor Police Station for offences punishable under Sections 452, 324, 308 and 427 r/w. 34 of I.P.C, petitioners, who are accused 2 and 4 have filed this petition under Section 438 of the Code of the Criminal Procedure, seeking an 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 Govt. Pleader submitted that Section 27 of the Arms Act is also alleged to have been committed. It is further submitted that petitioners along with other accused committed criminal trespass at 6.PM on 2/9/2011 and attempted to commit culpable homicide by inflicting cut injuries at various parts of the body with a deadly sword. Mischief is also alleged to have been committed. The nature of the offence being as above, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. The learned counsel for the petitioners submitted that petitioners are ready to surrender before the Investigating Officer. B.A.No. 7678 of 2011 2 In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, 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, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su