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. 5612 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3262/2010 .................... (S): PETITIONERS/ACCUSED 1 TO 5 --------------------------------------------- 1. RAJENDRAN,S/O.CHELLAPPAN,'SHARON', CHEMBOOR,OTTASEKHARAMANGALAM PO,KEEZHAROOR VILLAGE. 2. ALFEE RUSSEL,S/O.RASALAM,'SREYAS', PANAYARATHALA,MANCHAMCODU PO, KEEZHAROOR VILLAGE. 3. SURESH KUMAR,S/O.VEDANAYAKAM, NELLIKKAPARAMBU,MANNAMKONAM PO,KEEZHAROOR VILLAGE. 4. ANFRANKLIN RUSSEL,S/O.RASALAM, BEDESTA,KALIYIL, OTTASEKHARAMANGALAM PO, KEEZHAROOR VILLAGE. 5. THANKAMONY,S/O.SATHYANESAN, 'SHEKHENA',CHEMBOOR,OTTASEKHARAMANGALAM PO, KEEZHAROOR VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE -------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNKULAM. ADV. SRI.R.GOPAN FOR R2 TO 5 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.5612 of 2011 -------------------------------------------- Dated this the 14th day of November, 2011 ORDER Petition is filed u/s.438 of the Code of Crl. Procedure. Petitioners are the accused in Crime No.214/2011 of Arayancode Police Station for the offence under Sections 143, 147, 148, 149, 324, 326, 452 and 308 IPC. Apprehending, arrest, detention and torture of the hands of the investigating officer, the petitioners seek an order directing the respondent to release the petitioners on bail in the event of arrest. 2. It is seen that an earlier application as B.A.No.3262 of 2010 for same relief was dismissed as an early as 10.6.2010. The petitioner had got sufficient time to apply for regular bail. Petitioners were not so far arrested. There is no basis for the apprehension of the petitioners regarding arrest. In the above circumstances, I find no merit in this petition. However, this petition is disposed of with liberty to the petitioners to apply for regular bail which shall be considered and disposed by the learned Magistrate, as far as possible, on the date of filing of the petition itself unless otherwise required and it is filed with due notice to the Public Prosecutor. P.S.GOPINATHAN,JUDGE pm