IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5799 of 2009 CRIME NO.324 OF 2008 OF MATTANNUR POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 6 & 8: 1. KUNHIKANNAN.K.K.,S/O.KUNHAPPA NAMBIAR AGED 44 YEARS, K.K.HOUSE, KOODALI HOUSE ANCHAMPEEDIKA, KOODALI AMSOM, PATTANNUR DESOM. 2. KARICHALIL MANOJ, S/O.NARAYANAN, AGED 36 YEARS, KARICHAL VEEDU ANCHAMPEEDIKA, KOODALI AMSOM, NAYATTUPARA. 3. N.SHAJEE, S/O.NANU, AGED 28 YEARS, LIJI NIVAS, KUZHIKKAL, PAZHASSI AMSOM, KAYANI. 4. PUTHIYEDATH KARTHIKEYAN, AGED 30 YEARS PAZHASSI AMSOM, PERUMBACHAL, EDAVELIKAL. 5. PALLAKANDI PARAMBIL BIJU S/O.KUNHIKANNAN MESTRY, CHARLESY HOUSE EDAVELIKAL PAZHASSI AMSOM,NELOONI. 6. CHOORIKAL VIJESH, S/O.VIJAYAN MUNDAYADAN AGED 22 YEARS, VIJI NIVAS, M.K.NAGAR, PAZHASSI AMSOM, PERUMBACHAL, NELOONI. 7. A.B.PRAMOD, S/O.NANU, AGED 36 YEARS PRASANTHI VEEDU, PAZHASSI AMSOM, KARA. BY ADV. SRI.M.SASINDRAN RESPONDENTS: COMPLAINANT & STATE: 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER CRIME NO.324 OF 2008 OF MATTANNUR POLICE STATION KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5799 OF 2009 ------------------------------------------------------ Dated this the 13th day of October, 2009 O R D E R Apprehending arrest in Crime No.324 of 2008 of Mattannur Police Station on an accusation of having committed a non-bailable offence, the petitioners have filed this Bail Application under Section 438 of the Code of Criminal Procedure. 2. It is submitted by the learned Public Prosecutor that charge was laid in the case and now the case is pending as C.P.No.104 of 2008, on the file of the Court of the Judicial Magistrate of the First Class, Mattannur. 3. The petitioners have stated the fact that charge has been laid. Their apprehension is that if they apply for bail before the Judicial Magistrate of the First Class, Mattannur, they would be remanded. In Sukumari v. State of Kerala (2001(1) KLT 22) this Court has taken the view that even in the offence triable exclusively by the Court of Sessions, the Magistrate has got jurisdiction to grant bail. 4. Since the apprehension of arrest by the investigating officer is B.A. NO. 5799 OF 2009 :: 2 :: not made out, I do not think that any positive order need be issued in this Bail Application. The petitioners are free to seek their appropriate remedies before the learned Magistrate. It cannot be assumed that the learned Magistrate would not take into account the decision in Sukumari v. State of Kerala ((2001) 1 KLT 22). The Bail Application is disposed of as above. (K.T.SANKARAN) Judge ahz/