IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8575 of 2011() ---------------------------------------- CRIME NO.1261/2011 OF NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT ................... PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SUJILASH, S/O. SUDARSANAN, SUJILA BHAVAN, MALAYADI, VINOBHA NIKETAN P.O., THOLICODE, VITHURA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. SUBHILASH, S/O. SUDARSANAN, SUJILA BHAVAN, MALAYADI, VINOBHA NIKETAN P.O., THOLICODE, VITHURA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.SREEKANTAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8575 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in Crime No.1261/2011 of Nedumangadu Police Station for offences punishable under Sections 143, 144, 145, 146, 147, 148, 149, 308, 324, and 294(b) IPC r/w Section 27 of the Arms Act. 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, I find that an earlier petition filed by the petitioners as B.A.No.7090/2011 was dismissed by order dated 28-09-2011. I find no reason to entertain this second petition. Therefore, this petition is dismissed with direction to the the petitioners to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of without any delay provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk