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. 9027 of 2011(C) ------------------------------------------ [CRIME NO. AND OFFENCE NOT KNOWN OF NJARAKKAL POLICE STATION] ................ PETITIONERS: --------------------- 1. SABU.T.M., S/O.MICHAEL, AGED 32 YEARS, THARASSERY HOUSE, SOUTH PLUTHUVYPU P.O., KOCHI-682 508. 2. THOMAS @ SHALAPPAN, AGED 27 YEARS, THARASSERY HOUSE, SOUTH PUTHUVYPU P.O., KOCHI-682 508. 3. SHAMON, S/O.THOMAS @ SHALAPPAN, AGED 21 YEARS, THARASSERY HOUSE, SOUTH PUTHUVYPU P.O., KOCHI-682 508. BY ADVS. SRI.DENIZEN KOMATH, SRI.SHERRY J. THOMAS. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE SUB INPECTOR OF POLICE, NJARAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 531. 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. 9027 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Apprehending, arrest, detention and torture at the hands of the Sub Inspector of Police, Njarakkal Police Station for a non bailable offence, the petitioners had filed this petition under Section 438 of the Code of Criminal Procedure seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that they are innocent. 2. The learned Public Prosecutor submitted that the petitioners 1 and 2 are accused in Crime No.1382/2011 for offences punishable under Sections 452, 341, 323, 324 and 327 r/w Section 34 IPC and that the second petitioner was already apprehended and there is no case against the 3rd petitioner. In the above circumstance, the petition as regards petitioners Nos.2 and 3 are dismissed. 3. The learned Public Prosecutor further submitted that using a deadly iron rod, after trespassing to the house of the B.A. NO. 9027 OF 2011 2 defacto complainant, he was assaulted at the head. Therefore, I find that is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, the petition as regards the first petitioner is also dismissed with direction to the first petitioner to surrender before the Investigating Officer. The investigating Officer, after interrogation, with or with out arrest, shall produce before the Magistrate concerned, so as to enable the first petitioner to apply for regular 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge