IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9050 of 2011() ------------------------------------------ (CRIME NO.839/2011 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT) ........ PETITIONERS/ACCUSED 1 TO 8: -------------------------------------------------- 1. SHAFEEK.K.M., AGED 25 YEARS, (AS PER FIR FAFIQUE) S/O.MEERA SAHIB, NARAKATHINAL KUZHIYIL HOUSE, VETTIPURAM, PATHANAMTHIKKA DISTRICT. 2. MILAD.M., AGED 23 YEARS, S/O.MUHAMMED REENA NIVAS, MELEVETTIPURAM, PATHANAMTHITTA DISTRICT. 3. NITHIN THOMAS, AGED 22 YEARS, S/O.THOMA,S KADAVIL PADINJATTETHIL (H), KUMPAZHA, PATHANAMTHITTA DISTRICT. 4. NISHAL, (AS PER FIR NISHAN) KOICKAL HOUSE, PATHANAMTHITTA DISTRICT. 5. FAZIL.T.H., (AS PER FIR FAISAL) S.F.MANZIL, VETTIPURAM, PATHANAMTHITTA DISTRICT. 6. RAFEEK, S/O.MEERA SAHIB, NARAKATHINAL KUZHIYIL (H), VETTIPURAM, PATHANAMTHITTA DISTRICT. 7. UBAID @ FAISAL, S/O.MUHAMMED HANEEFA, NARAKATHINAL KUZHIYIL (H), VETTIPURAM, PATHANAMTHITTA DISTRICT. 8. JALEEL BABU, S/O.BABU, PUTHUPARAMBIL THEKKETHIL (H) PETTA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.S.BREEZ Kss ..2/- ..2.... BA.NO.9050/2011 RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION, (CRIME NO.839 OF 2011 OF PATHANAMTHITTA POLICE STATION.) R1 & R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.9050 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petitioners are accused 1 to 8 in Crime No.839 of 2011 of Pathanamthitta Police Station, for offences punishable under Sections 143, 147, 148, 149, 341, 323, 324, 506(2) and 326 of IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondentS 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, I find that the petitioners as members of unlawful assembly were armed with deadly weapons, assaulted the defacto complainant, who sustained fracture at the left hand. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. However, the involvement of petitioners 5 to 8 are not much. 3. In the result , this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer, who after interrogation and recovery, if any, with or without arrest, produce the petitioners 1 to 4 before the Magistrate concerned, so as to enable them to apply for regular bail, which the learned Magistrate shall B.A.No.9050 of 2011 2 dispose of , on merits, as far as possible, on the same day. Petitioners 5 to 8, after interrogation, shall be released on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioners shall report before the Investigating Officer at 10.am on every Thursday. 2) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. 3) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su