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. 9150 of 2011() ------------------------------------------ (CRIME NO.545/2011 OF CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT) ................. PETITIONERS/ACCUSED: --------------------------------------- 1. K.C.NOUFAL, S/O.AHAMMED KUTTY, AGED 26 YEARS, NILAVU, ELAYAVOOR, P.O.MUNDAYAD, KANNUR DISTRICT. 2. K.P.MOOSA, S/O.KHALID MUSLIYAR, K.P.HOUSE, PURATHEEL, P.O.VARAM, KANNUR DISTRICT. 3. P.P.SALIM, S/O.MOHAMME,D HYRUNISSA MANZIL, CHELORA, P.O.KAPPAD, KANNUR DISTRICT. 4. A.S.AJITH KUMAR, S/O.SREEDHARAN, AURUNODAYAM, ERANAVU VAYAL, P.O.CHALAD, KANNUR-14. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): RESPONDENT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.9150 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Apprehending arrest, detention and torture at the hands of the Investigating Officer, in Crime No.545/2011 of Chakkarakkal Police Station, petitioners seek an order directing the respondent to release them on bail in the event of arrest with a plea that they are not arrayed as accused in the above crime and they are not involved in the offences alleged. 2. The learned Governemnt Pleader with reference to the case diary submits that petitioners are accused 2, 1, 6 and 5 respectively in the above crime registered under Sections 143, 148, 341, 323 and 307 r/w 149 of I.P.C. The weapon used is a sword and that the victim had sustained serious injuries. That being the nature of the crime, I find that this is not a fit case 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 and recovery, shall produce the petitioners before the Magistrate concerned so as to enable them to apply for regular bail, which the learned Magistrate shall dispose of on merits. P.S.GOPINATHAN, su JUDGE