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. 6519 of 2011() ---------------------------------- (CRIME NO.405/2011 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT) .................... PETITIONER/4TH ACCUSED --------------------------------- SAKARIYA, S/O.KUNHIMOHAMMED, THOTTAPIL HOUSE, MANGALAM, VADIKKAL, KOOTTAYI, TIRUR. BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, TIRUR, REPRESENTED THROUGH 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. 6519 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioner is the 4th accused in Crime No.405/2011 of Tirur Police Station for the offence under Sections 143, 147, 148, 326 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 petitioners on bail in the event of arrest. 2. Having heard either side, I am pertaining the first information report, I find that the petitioner being a member of an unlawful assembly armed with deadly weapons and had inflicted severe injuries to the defacto complainant. According to the Public Prosecutor the recovery is sought to be made. In the above circumstance, I find that this is not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is dismissed with liberty to apply for regular bail. 3. The learned Magistrate shall dispose of, as far as possible, on the same day itself provide due notice is given to the Asst. Public Prosecutor. The petitioner is also at liberty to surrender before the investigating officer. P.S.GOPINATHAN, JUDGE amk