IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9038 of 2011() ----------------------------- (CRIME NO. 1286/2011 OF MANNUTHY POLICESTATION, ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE - III, THRISSUR) .................... PETITIONERS/ACCUSED 2,3 & 4 ----------------------------------------------- 1. MURALI @ MUNIYAPPAN, S/O.PAZHANI, PATTATH HOUSE, CHIRAKKAKODE DESOM, MADAKKATHARA, THRISSUR DISTRICT.680 651. 2. SHYAM, S/O.SASIDHARAN, MUTHUVEETIL HOUSE, CHIRAKKAKODE DESOM, MADAKKATHARA, THRISSUR DISTRICT.680 651. 3. VIPIN KUMAR @ PEPSI KANNAN, S/O.VIJAYAN, PATTATH HOUSE, CHIRAKKAKODE DESOM, MADAKKATHARA, THRISSUR DISTRICT.680 651. BY ADV. SRI.M.AJAY RESPONDENTS/ STATE & INVESTIGATING OFFICER -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 018. 2. THE STATION HOUSE OFFICER, MANNUTHY POLICE STATION, MANNUTHY, THRISSUR DISTRICT-680 651. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J. ---------------------------- B.A.No.9038 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 2 to 4 in Crime No. 1286/2011 of Mannuthy Police Station for offences punishable under Sections 341, 323, 324, 294b, 308 and 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 is revealed that the 1st accused was arrested and subsequently released on bail. In the above circumstance, there is no reason to decline the same relief to the petitioners. In the result, this petition is allowed and there will be a direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce the petitioners before the Judicial Magistrate of the 1st Class-III, Thrissur, so as to enable them to B.A.No.9038/2011 2 apply for regular bail, which the Magistrate shall dispose of, on merits, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11