IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8906 of 2011() ------------------------------------------ (CRIME NO.1034/11 OF CHADAYAMANGALAM POLICE STATION) .................... PETITIONERS/ACCUSED NOS. 3 & 4: --------------------------------------------------------- 1. ARUN RAJ.S,S/O.SIVARAJAN, AGED 26 YEARS, MADHAVA VILASOM, THUVAYOOR NORTH, MANAKKALA P.O.,ADOOR, 2. VINOD, S/O.GOPALAKRISHNA PILLAI, AGED 29 YEARS, RAJI BHAVAN, PANAYANCHERRY, ANCHAL P.O.,KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8906 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petitioners are accused 3 and 4 in Crime No.1034/2011 of Chadayamangalam Police Station for offences under Sections 143, 137, 148, 341, 323, 326, 506(2) and 427 r/w 149 IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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 heard either side, it is revealed that the offence alleged occurred inside a liquor bar and that the weapon used in the offence is a soda bottle. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer, who, after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of on merits, on the same day, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk