IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 6808 of 2011() ----------------------------- CMP.5107/2010 of C.J.M.,TRIVANDRUM .................... (S): PETITIONER/ACCUSED -------------------------------------- 1. DINESH.V. NAIR,NANDANAM,NEAR PNM HIGH SCHOOL,KOONTHALOOR , CHERIYA KONNI, THIRUVANANTHAPURAM. 2. SREELEKHA.P, W/O.DINESH.V. NAIR, NANDANAM,NEAR PNM HIGH SCHOOL,KOONTHALOOR , CHERIYA KONNI,THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,CHIRAYANKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON 14/11/2011 PASSED THE FOLLOWING: P.S.GOPINATHAN, J ------------------------------------ B.A.No.6808 of 2011 -------------------------------------------- Dated this the 14th day of November, 2011 ORDER Petition is filed u/s.438 of the Code of Crl. Procedure. Apprehending arrest, detention and torture at the hands of the Sub Inspector of Police, Chirayinkeezh Police Station for a non bailable offence, petitioners seek an order to direct the respondent to release the petitioners on bail in the event of arrest, this petition was filed. 2. The learned Govt. Pleader after taking instruction submitted that a case as Crime No.717/2011 was filed against the petitioners alleging offence under Sections 418, 420, 463, 468, 465 and 120B r/w Section 34 of IPC. This petition was filed as early as on 20.8.201. So far the petitioners were not arrested. The petitioners had got ample opportunity to apply for regular bail. Having due regard to the nature of the offences, the demand of the prosecution for custodial interrogation cannot be rejected as meritless. In the above circumstance, I find no reason to invoke jurisdiction under Section 438 of the Code of Crl. Procedure. Therefore, this petition is dismissed with liberty to the petitioners to apply for regular bail, which shall be considered by the learned Magistrate on merits. P.S.GOPINATHAN,JUDGE pm