IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10858 of 2011() ------------------------------ (Crime No.1652/2011 of Sasthamkottah Police Station, Kollam) APPLICANTS/ACCUSED -------------------------------------- 1. ARUN BABU, (AGED 30 YEARS, S/O.VIJAYAKUMAR), PINNATTU PUTHEN VEEDU, PUTENAMBALAM, KUNNATHUR VILLAGE, KOLLAM DIST. 2. SHARANDAS (AGED 20) S/O.SIVADASAN, SETHULAKSHMI BHAVAN, IVERKALA, PUTHENAMBALAM P.O., KOLLAM DIST. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SASTHAMKOTAH, KOLLAM DIST. PUBLIC PROSECUTOR, Sri.P.S.ABDUL KAREEM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.10858 OF 2011 ----------------------------- Dated this the 30th day of December, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 and 2 in Crime No. 1652/2011 of Sasthamkottah Police Station for offences punishable under Sections 153A and 427 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondents 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 it is revealed that under the shade of the Mullaperiyar dam the petitioners had waylaid a lorry and committed mischief and therefore this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. 3. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating B.A.No.10858/2011 2 Officer. The Investigating Officer, after interrogation, shall produce the petitioners before the Magistrate concerned, so as to enable them to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/30/12