IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9450 of 2011() ----------------------------- (CRIME NO.633/2009 OF NOORANADU POLICE STATION, ALAPPUZHA DISTRICT) ----------------------------- PETITIONER(S): PETITIONERS/ACCUSED ---------------------------------- 1. ASHRAF,AGED 42 YEARS,S/O.MUHAMMED RAWTHER,SULEKHA MANZIL,AATHIKKATTUKULANGARA, MAVELIKKARA TALUK,ALAPPUZHA DISTRICT. 2. REGINA,AGED 35 YEARS,W/O.ASHRAF, SULEKHA MANZIL,AATHIKKATTUKULANGARA, MAVELIKKARA TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.K.MADHUSOODHANAN NAIR SRI.S.MOHANA KUMARAN NAIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY STATION HOUSE OFFICER,NOORANADU POLICE STATION, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 9450 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 ORDER Petitioners are 8th and 9th accused in C.P No.7/2011 on the file of the Judicial Magistrate of the First Class, Mavelikara for offences under Sections 143, 147, 148, 323, 307, 354, 427 and 395 of Indian Penal Code. Apprehending arrest, detention and torture at the hands of the Investigating officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest. Having heard either side, it is revealed that the case was registered on a protest complaint as against the final report in C.C No.190/2010 pending before the same Magistrate. In the normal course, there is little chance for the investigating officer arresting the petitioner without an order of warrant issued from the committal Court. Therefore, there is no reason for the apprehension that the petitioners would be arrested by the investigating officer. Since the committal B.A. No. 9450 of 2011 2 proceedings is based upon the protest complaint, petitioner could have applied for regular bail, especially when the accused in police charge case are on bail. There is no justifiable reason to rush to this court with petition under Sec.438 of Cr.P.C. Learned Counsel for the petitioners submit that the petitioners are prepared to surrender before the committal court. Therefore this petition is disposed of with direction to the petitioners to surrender before the committal Court and apply for regular bail, which the learned Magistrate shall dispose of as early as possible, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, JUDGE. Scl. B.A. No. 9450 of 2011 3 P.S. GOPINATHAN, JUDGE. Scl.