IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9358 of 2011() ------------------------------------------ CRIME NO.857/2011 OF THEKKUMBHAGOM POLICE STATION IN KOLLAM DIST. ` ......... PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. CLEETUS, OOTTUVILA PUTHUVAL, VADAKKUMBHAGOM, THEKKUMBHAGOM.P.O., CHAVARA, KOLLAM. 2. ELIZABETH, W/O.CLEETUS, OOTTUVILA PUTHUVAL, VADAKKUMBHAGOM, THEKKUMBHAGOM.P.O., CHAVARA, KOLLAM. 3. FRANCIS, OOTTUVILA PUTHUVAL, VADAKKUMBHAGOM, THEKKUMBHAGOM.P.O., CHAVARA, KOLLAM. 4. MARY FRANCIS, W/O.FRANCIS, OOTTUVILA PUTHUVAL, VADAKKUMBHAGOM, THEKKUMBHAGOM.P.O., CHAVARA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. ---------------------------- B.A.No.9358 OF 2011 ----------------------------- Dated this the 24th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 to 4 in Crime No. 857/2011 of Thekkumbhagom Police Station for offences punishable under Sections 341, 294(b), 323, 324 and 326 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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 didn't appear that the petitioners were falsely implicated. I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, with or without arrest shall produce the petitioners before the Magistrate concerned, so as to enable B.A.No.9358/2011 2 them to apply for regular 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. While disposing the bail application, the learned Magistrate shall also take into account that the petitioners 3 and 4 are octogenarians and petitioners 1 and 2 are septuagenarian and hexagenarian. (P.S.GOPINATHAN, JUDGE) ps/25/11