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. 8106 of 2011() --------------------------------------- CRIME NO. 383/2011 OF PUDUNAGARAM POLICE STATION, PALAKKAD DISTRICT. ----------------------------------------------------------- PETITIONER(S)/ACCUSED NOS. 1 TO 4 : -------------------------------------------------------- 1. SAJEESH, S/O.SUDEVAN, AGED 26 YEARS, KUNNEKKAD, PERUVEMBA, PALAKKAD DISTRICT. 2. NIKHIL. S/O.MANI, AGED 23 YEARS, KUNNEKKAD, PERUVEMBA, PALAKKAD DISTRICT. 3. JAYAKRISHNAN, S/O.CHAMI, AGED 27 YEARS, KUNNEKKAD, PERUVEMBA, PALAKKAD DISTRICT. 4. SREEJITH, S/O.KANDAN, AGED 25 YEARS, MADIYANPADAM, PERUVEMBA, PALAKKAD DISTRICT BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/ COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR STI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING : NS P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8106 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 4 in Crime No.383/2011 of Pudunagaram Police Station for offences under Sections 341, 323, 294(b) r/w 34 IPC and Section 3(1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989. 2. Having heard either side. I find that this is not a fit cast to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure, because of the specific bar. In the above circumstance, this petition is disposed of with direction to the petitioner to report before the investigating officer within a week. The investigating officer shall release the petitioner after interrogation with direction to apply for regular bail within a week, failing which, the petitioner shall be arrested and produced before the Magistrate concerned. 3. The learned Magistrate shall dispose of the bail application on merits, if possible on the same day itself, provided notice is given in advance to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge