IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9273 of 2011() ------------------------------------------ CRIME NO.263/2011 OF KANAKAKKUNNU POLICE STATION, ALAPPUZHA DISTRICT .................... PETITIONER/ACCUSED 1 TO 3 ----------------------------------------------- 1. RAJESH, AGED 29 YEARS, S/O.RAJAN, THULLAKALATHIL PUTHUVAL VEEDU, MUTHUKULAM VADAKKUM MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA.PIN- 690 506. 2. RATHEESH, AGED 24 YEARS, S/O.RAJAN, THULLAKALATHIL PUTHUVAL VEEDU MUTHUKULAM VADAKKUM MURI, ARATTUPUZHA VILLAGE ALAPPUZHA .PIN-690 506. 3. RAJAN, AGED 58 YEARS, S/O.KRISHNAN, THULLAKALATHIL PUTHUVAL VEEDU MUTHUKULAM VADAKKUM MURI,ARATTUPUZHA VILLAGE ALAPPUZHA.PIN- 690 506. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S)/ COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 031. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.9273 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused 1 to 3 in Crime No.263/2011 of Kanakakkunnu Police Station, for offences punishable under Sections 452, 324 and 323 r/w. Section 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer,this petition is filed, seeking 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. It is seen that an earlier petition as B.A.No.7298/2011, filed by the petitioner and others was disposed of by this Court, by order dated 29/9/2011, whereby the relief sought was declined. I find no reason to entertain a second petition. In the result, this petition is dismissed with direction to the petitioners to surrender before the Investigating Officer, who after interrogation, shall produce the petitioners before the Magistrate concerned, so as to enable them to apply for regular bail, which the learned Magistrate shall dispose of on merits, if possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su