IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 9425 of 2011() ------------------------- CRIME NO.367/2011 OF PAYYANNUR POLICE STATION PETITIONERS/ACCUSED NO.1 TO 4 : ------------------------------- 1. MAYI VIJAYAN, S/O.LATE GOVINDAN, AGED 58 YEARS, P.O.KARANTHAD, RAMANTHALI, KANNUR DISTRICT. 2. KUPPATHI SAJEEVAN, S/O.KUPPATHI KUNHIRAMAN, AGED 28 YEARS, P.O.KARANTHAD, RAMANTHALI, KANNUR DISTRICT. 3. K.P.NYJU, S/O.KRISHNAN, AGED 20 YEARS, KARIYATH PARAMBIL, KARANTHAD, RAMANTHALI, KANNUR DISTRICT. 4. KALASAKKARAN PRAVEEN, S/O.PADMANABHAN, AGED 22 YEARS, MAYI HOUSE, RAMANTHALI AMSOM, KUNNARY, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------------------- Bail Appln.No.9425 of 2011 ---------------------------------------------- Dated this the 16th day of December, 2011 ORDER Petitioners are accused 1 to 4 in Crime No.367 of 2011 of Payyannur Police Station, for offences punishable under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of the Indian Penal Code. Apprehending arrest and detention at the hands of the Investigating Officer, the petitioners preferred a petition as Crl.M.C.No.1514 of 2011 before the Sessions Judge, Thalassery under Section 438 of the Code of Criminal Procedure seeking an order to direct the respondent to release the petitioners on bail in the event of arrest. By Annexure-4 order, the Sessions Judge dismissed the petition. Seeking the same relief, this petition is filed. 2. Having heard either side, it is revealed that the weapon of the offence is iron rod and the de facto complainant sustained fracture of the skull. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with Bail Appln.No.9425/2011 : 2 : direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE skj True copy P.A. to Judge