IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7253 of 2011() --------------------------------------- CRIME NO.1401/2011 OF KUNDOOR POLICE STATION. .......... PETITINER (S): ACCUSED NO.A1&A3, A5 & A8. ------------------------------------------------------------------- 1. SABU.G, S/O. LATE GILLARIOUS (A1) AGED 33, SABU BHAVANAM, PADAPPAKARA.P.O, MULAVANA VALA, KOLLAM. 2. SOJAN.M, S/O. MARK (A2), SUVISESHA BHAVAN, AGED 33, PADAPPAKARA.P.O, MULAVANA VIA, KOLLAM. 3. SEBASTIAN, S/O. LATE BRUNO (A3) AGED 27, RATHEESH BHAVAN, -DO- 4. HALI, S/O. HARRISON (A5) AGED 27, HALI BHAVAN, -DO- 5. TOMY, S/O. AUGUSTIEN (A8), AGED 38, VALUPRAIDAM, -DO- BY ADV. SRI.JOHNSON MANAYANI SRI.JOSEPH SEBASTIAN (KOLLAM) RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KUNDARA, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.7253 OF 2011 -------------------------- Dated this the 23rd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1, 2, 3, 5 and 8 in Crime No.140/2011 of Kundara Police Station for offences punishable under Sections 143, 147, 148, 341, 332 and 506(ii) r/w Section 149 IPC. 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. Having taken note that left in other case, similarly some of the petitioner is granted bail. This petition is disposed of with direction to the petitioners to surrender before the Investigating Officer for the purpose of interrogation and recovery of incriminating material, if any. In case the petitioners are arrest by the Investigating Officer before interrogation, the petitioners shall thereafter be produced before the Magistrate or the Court concerned and permitted to file an application for regular bail. In case the interrogation of the petitioners is without arresting them, the petitioners shall thereafter appear before the Magistrate or the Court concerned on the same day and apply for regular bail. The Magistrate or the Court on being satisfied that the petitioners have been interrogated by the police shall, after hearing the prosecution as well, consider and dispose of their application for regular bail preferably on the same date on which it is filed. 3. In case the petitioners while surrendering before the Investigating Officer have deprived the Investigating Officer sufficient time for interrogation, the officer shall complete the interrogation even if it is beyond the time limit fixed as above and submit a report to that effect to the Magistrate or the Court concerned. Likewise, the Magistrate or the Court also will not be bound by the time limit fixed as above if sufficient time was not available after the production or appearance of the petitioners. P.S.GOPINATHAN, JUDGE amk