IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8224 of 2011() ---------------------------------------- CRIME NO.394/2010 OF MANNARKKAD POLICE STATION .................... PETITIONER(S)/ ACCUSED NO. 4& 5: ------------------------------------------------------ 1. SHIBU JOSEPH, S/O.JOSEPH, PARAYIL HOUSE, PALAKKAYAM, MANNARKKAD, PALAKKAD. 2. SMT.LAKSHMI, W/O.P.K.PRAKASAN, KOTTAPPALLI HOUSE, PALAKKAYAM, MANNARKKAD, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S)/ COMPLAINANT: -------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, (CRIME NO.394/2010), PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8224 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 4 and 5 in Crime No.394/2011 of Mannarkkad Police station for offences punishable under Sections 306 IPC and Section 3(i)(X) and (XI) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities), Act 1989. 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 heard either side, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO. 8224 OF 2011 2 In the result this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer on or before 30-11-2011. The Investigating Officer after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of at the earliest, if possible, on the same day, provided sufficient notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge