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. 7975 of 2011() ---------------------------------- (CRIME NO.611/2011 OF MATTANNUR POLICE STATION,KANNUR) .................... PETITIONER/3RD ACCUSED --------------------------------- V.SUDHEESH, S/O.ACHUTHAN, VAZHAYIL HOUSE, NADUVANAD.P.O., KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, MATTANNUR POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA 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.7975 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioner is the 3rd accused in Crime No.611/2011 of Mattannur Police Station for the offence under Sections 143, 147, 148, 341, 323 and 307 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest. 2. Having heard either side, I find that the petitioner being a member of an unlawful assembly armed with deadly weapons like iron rode and assaulted the victim. Therefore, I find that this not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with a liberty to the petitioner to appear before the investigating officer or before the Magistrate concerned, so as to enable him to apply for regular bail, which the learned Magistrate shall dispose of, as far as possible, on the same day itself, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk