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. 9312 of 2011() ---------------------------------- (CRIME NO.451/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, IDUKKU DISTRICT) ..... PETITIONER/ ACCUSED NO.1 TO 4 ------------------------------------------- 1. VICHU,S/O.SOMAN,AGED 18 YEARS, NANDHIKKATTU HOUSE,ELAPPARA PO,ELAPPARA VILLAGE, PEERUMEDU TALUK,IDUKKI DISTRICT. 2. SHAIJU SAJAN,S/O.A.P.SAJAN,AGED 20 YEARS PUTHENPURAYIL HOUSE,ELAPPARA PO,ELAPPARA VILLAGE,PEERUMEDU TALUK,IDUKKI DISTRICT. 3. SAJEEV SAJAN,S/O.A.P.SAJAN,AGED 18 YEARS PUTHENPURAYIL HOUSE,ELAPPARA PO,ELAPPARA VILLAGE,PEERUMEDU TALUK,IDUKKI DISTRICT. 4. APPU,S/O.A.P.SAJAN,AGED 17 YEARS PUTHENPURAYIL HOUSE,ELAPPARA PO,ELAPPARA VILLAGE,PEERUMEDU TALUK,IDUKKI DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, PEERUMEDU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.9312 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 4 in Crime No.451/2011 of Peerumedu Police Station for offences punishable under Sections 294(b), 308 and 323 IPC. 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 with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that the petitioners 2 to 4 are accused in two other crimes, namely Crime Nos.455/2011 & 639/2011. In the above circumstance, having due regard to the nature of the offence and antecedent of the petitioners, 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 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 bail, which the 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