IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 7888 of 2011(C) ------------------------------- (CRIME NO. 1029/2011 OF KADAKKAL POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. 11, KOTTARAKKARA) .................................................................. PETITIONERS/ACCUSED ------------------- 1. KAMALAN, S/O.KOLAPPAN PILLAI,AGED 45 YEARS, PONNAMKODU VEEDU,KUTHIRAPALAM,THUDAYANNOOR, KADAKKAL,KOTTARAKKARA. 2. BAHULEYAN NAIR, S/O.JANARDHANAN PILLAI,AGED 49 YEARS, SARASWATHI MANDHIRAM,THUDAYANNOOR P.O., KADAKKAL,KOTTARAKKARA. 3. KUMAR,S/O.THAPODHANAN PILLAI, AGED 42 YEARS,KALEELIL VEEDU, KUTHIRAPALAM,KADAKKAL,KOTTARAKKARA. 4. KUTTAN,AGED 43 YEARS, S/O.SADASIVAN PILLAI, SURESH MANDIRAM,KUTHIRAPALAM, KADAKKAL,KOTTARAKKARA. 5. RAJEEV, S/O.MADHU,AGED 33 YEARS,SAJITHA MANDIRAM, ADHISAYAMANAGALAM,KADAKKAL, KOTTARAKKARA. 6. RAJESH, S/O.NADARAJAN PILLAI,AGED 26 YEARS, MANJU VILASOM,VELUNTHARA, KADAKKAL,KOTTARAKKARA. 7. RAJEEV, S/O.RAJAN PILLAI,AGED 25 YEARS, PARAVILA PUTHEN VEEDU, VELUNTHARA,KADAKKAL,KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE dlk Bail Appl..No. 7888 of 2011(C) -2- RESPONDENTS/COMPLAINANT ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION,KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J. ---------------------------- B.A.No.7888 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in Crime No. 1029/2011 of Kadakkal Police Station for offences punishable under Sections 143, 148, 294(b), 323, 326, 341 and 149 I.P.C. And 27 of Arms Act and 3(ii) of S.C and S.T Act. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side and taking note that, in view of Section 18 of the S.C. and S.T (Prevention of Atrocities) Act, I find that this is not a fit case to invoke jurisdiction undr Section 438 of the Code of Criminal Procedure. 3. 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 them to apply for regular bail, which the Magistrate B.A.No.7888/2011 2 shall dispose of, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11