IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8481 of 2011() ----------------------------- (CRIME NO.260/2011 OF VENMONY POLICE STATION, ALAPPUZHA DISTRICT.) PETITIONERS/ACCUSED 1 & 2 ------------------------ 1. ANILKUMAR, AGED 34 YEARS, S/O.KRISHNANKUTTY, CHANGAYIL HOUSE, VENMONY.P.O., CHENGANNUR, ALAPUZHA DIST. 2. RAMEESH, AGED 18 YEARS, S/O. RAJAN, RAMEESHBHAVAN (HOUSE), KOCHUPLAVILAYIL, VENMONY.P.O., CHENGANNUR, ALAPPUZHA DIST. BY ADV. SRI.P.VINODKUMAR RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, BY REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.11.2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8481 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos.1 and 2 in Crime No.260/2011 of Venmony Police Station for offences punishable under Sections 337, 338 and 308 read with 34 I.P.C. 2. Having heard either side, it is revealed that the petitioners had committed the offence with a motor cycle and that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the above circumstance, this petition is disposed of with the direction to the petitioners to surrender before the Investigating Officer within a week. The Investigating Officer, after interrogation, shall produce them before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of at the earliest, provided, sufficient notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/21/11