IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8194 of 2011() ---------------------------------- (CRIME NO.642/2011 OF ALTHUR POLICE STATION, PALAKKAD) ..... PETITIONERS/ACCUSED NOS. 1 & 2 ------------------------------------------ 1. SATHEESH, AGED 21 YEARS, S/O.CHANDRAN, POOLAKKAD HOUSE, VADAKATHARA, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. 2. SUDEEP, AGED 28 YEARS, S/O.KESAVAN, KALATHIL VEEDU, CHERANADU, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY DY.SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8194 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioners are accused Nos.1 and 2 in Crime No.642/2011 for the offences under Sections 341 and 354 r/w Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Apprehending, arrest, detention and torture at the hands of the investigating officer, seeking an order directing the respondent to release the petitioner on bail in the event of arrest, this petition was filed. 2. Having heard either side. This is not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. In the above circumstance, this petition is disposed with a direction to the petitioners to surrender before the investigating officer for interrogation within one week. After interrogation the petitioners shall be released on bail. The learned Magistrate shall dispose the bail application as far as possible on the same day itself, provided due notice is given to the Asst. Public Prosecutor P.S.GOPINATHAN, JUDGE amk