IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 8873 of 2011() ------------------------------------------- (CRIME NO.274/2011 OF MARAYOOR POLICE STATION,IDUKKI DISTRICT) ...... PETITIONERS: ------------------------ 1. SUDHAKARAN, AGED 33, S/O. KANAKASIAN, THAZHAYILPUTHENMADOM, KOVILKADAVU, MARAYOOR VILLAGE. 2. MURUGAN, AGED 27, S/O. PALANISWAMY, KGP 10/337, KOVILKADAVU, PATHADIPALAM, KANTHALOOR VILLAGE. 3. AYYAPPAN, AGED 42, S/O. KRISHNAN, THOKKUVEETTIL, MARAYOOR GRAMAM, MARAYOOR VILLAGE. 4. R.KANIRAJ, AGED 43, S/O. RAMAYYA, KGP 12/113, PAMPANPA, PIOUS NAGAR, KEEZHANTHOOR VILLAGE. 5. T.V.SAHADEVAN, AGED 45, S/O. VASU, THACHETTUPARAMBIL, KARSANADU, MICHOLGIRI P.O., KANTHALLOOR VILLAGE. BY ADVS. SRI.C.K.VIDYASAGAR, SRI.P.CHANDY JOSEPH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION - 685 553. R1 & R2 BY PUBLIC PROSECUTOR SMT.S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8873 OF 2011 -------------------------- Dated this the 7th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 to 3 in Crime No.274/2011 of Marayoor Police Station for offences punishable under Sections 143, 147, 451, 353, 294(b) and 506(1) r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that he is innocent of the allegations. 2. The learned Govt. Pleader strongly opposed the petition by stating that the petitioners formed themselves into an unlawful assembly and were armed with deadly weapons and committed trespass into the office of Nachivayil Forest Station and attempted to rescue an accused involved in O.R.No.10/2011 and in that attempt they assaulted the Forest Officers. Having due regard to the nature of the offence, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as the complicity of the petitioners is apparent. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk