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. 8363 of 2011(C) ------------------------------------------ [CRIME NO.713/2011 OF PATHANAMTHITTA POLICE STATION] ..................... PETITIONERS/ACCUSED NOS.4 AND 5: -------------------------------------------------------- 1. MANU SAM, S/O.THANKAPPAN, LEKSHMI VILASAM, EDAPPARIYARAM P.O., EDAPPARIYARAM VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. 2. BIJU MATHEW, S/O.MATHAI, CHENGANNUR VILLAYIL, KAIPPUZHA NORTH P.O., KULLANADA, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE POLICE INSPECTOR, PATHANAMTHITTA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8363 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 4 and 5 in Crime No.713/2011 of Pathanamthitta Police Station for offences punishable under Sections 363, 342 and 394 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners seek 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. The learned counsel for the petitioners submitted that the first petitioner was already arrested and was released on regular bail. Therefore, this petition as regards the first petitioner is dismissed as infructuous. 3. Regarding the second petitioner, the learned Public Prosecutor submitted that the investigation is on midway and the second petitioner is the kingpin and that he is to be got identified B.A. NO. 8363 OF 2011 2 by the witnesses and that he is involved in various other crimes. 4. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the second petitioner to surrender before the Investigating Officer. The investigating Officer, after interrogation, with or with out arrest and recovery, if any, shall produce before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk