IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9170 of 2011() --------------------------------------- CRIME NO.1050/2011 OF KILIMANOOR POLICE STATION. ....... PETITIONERS/1ST AND 2ND ACCUSED --------------------------------------------------- 1. SIJU, AGED 30 YEARS, S/O. HARIDAS, PLAVILA VEEDU, VALANCHERRY, KILIMANOOR VILLAGE. 2. SURESH KUMAR, AGED 42 YEARS, S/O. BHASKARA PILLAI, KUNNATHU VEEDU, VILAKKETTU KONAM, VALANCHERRY,KILIMANOOR VILLAGE. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY SMT.LIJI KUTTAPPAN RESPONDENT(S): STATE AND COMPLAINANT ----------------------------------------------------------------- 1. STATE OF KERALA, RPERESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. 2. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION- 695 004. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. ---------------------------- B.A.No.9170 OF 2011 ----------------------------- Dated this the 28th 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 and 2 in Crime No.1050/2011 of Kilimanoor Police Station for offences punishable under Sections 447, 341, 323 and 308 read with 34 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. The learned Public Prosecutor submitted that the 1st petitioner was already arrested. Therefore, the petition as regards the 1st petitioner has become infructuous. It is further submitted that the defacto complainant has sustained injuries at various parts. It was also submitted that the 1st petitioner is involved in three other identical crimes and that the 2nd petitioner is an associate of the 1st petitioner. In the above circumstance, I find that this is not a fit case to invoke B.A.No.9170/2011 2 jurisdiction under section 438 of the Code of Criminal Procedure. 3. In the result, this petition is dismissed with direction to the 2nd petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce the 2nd petitioner before the Magistrate concerned, so as to enable him 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/29/11