IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8968 of 2011() ----------------------------------------- CRIME NO.1039/2011 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT. .................... APPLICANTS/ACCUSED NOS. 2 AND 4 --------------------------------------------------------- 1. SANTHOSH, AGED 29 YEARS, S/O. SANKARAN KUTTY, KALLUVILA VEEDU, PEROORCHERRY, KOTTAMKARA VILLAGE, KOLLAM. 2. THAJUDEEN, AGED 31 YEARS, S/O. MUHAMMED HANEEFA, JAYANTHI COLONY, PEROORCHERRY, KOTTAMKARA VILLAGE, KOLLAM. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADVS. SRI.VIPIN NARAYAN. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. REPRESENTING THE S.I. OF POLICE, KOTTIYAM POLICE STATION. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8968 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused 2 and 4 in Crime No.1039/2011 of Kottiyam Police Station for offence punishable under Sections 143, 147, 148, 447, 323, 324, 326 r/w 149 of I.P.C. and Section 27 of the Arms Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, they moved a similar petition as Crl.M.P.No.2738/2011 before the Sessions Judge, Kollam, who by Annexure A order, dismissed that petition. Now, this second petition seeking the same relief. 2. Having heard the learned Government Pleader, I find that the petitioners being members of the unlawful assembly were armed with deadly weapons like swords and the defacto complainant was brutally assaulted. The petitioners are not at all falsely implicated, but on sufficient grounds. Therefore, I find no reason to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, I dispose of this petition with direction to the petitioners to surrender before the Investigating Officer, who after interrogation, with or without arrest, and recovery, if any, shall produce the petitioners before the Magistrate concerned, so that the petitioners can apply for regular bail, which the learned Magistrate shall dispose of, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, su JUDGE