IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 7167 of 2011() ----------------------------- CMP.917/2011 of J.M.F.C.-II,TRIVANDRUM .................... PETITIONERS 1 AND 2 /ACCUSED 1 AND 2 -------------------------------------------------------- 1. JAYASREE, AGED 40 YRS, W/O.AJAYA KUMAR, RESIDING AT VALLEY VIHAR, T.C.26/438, ANAYARA P.O., THIRUVANANTHAPURAM. 2. AJAYA KUMAR, AGED 48 YRS., S/O.VENUNATHAN, RESIDING AT VALLEY VIHAR, T.C.26/438, ANAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SMT.MINI GANGADHARAN RESPONDENT/COUNTER PETITIONER ------------------------------------------------------ THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ON BEHALF OF STATE, REPRESENTING THE SUB INSPECTOR OF POLICE, VALIYATHURA. BY GOVERNMENT PLEADER SRI. NOWSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 7167 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 ORDER Petitioners are accused 1 and 2 in Crime No. 235/2011 of Valiyathura Police Station for offences punishable under Sections 305 and 306 and r/w Sec. 34 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the Investigating officer, this petition is 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. Petitioners earlier filed petition as B.A No.5780/2011. That petition was dismissed on 5/8/2011. Now this is the second petition for the same relief. 2. I find no reason to have divergent conclusion. Therefore this petition is dismissed with direction to the petitioners to surrender before the investigating officer. The investigating officer after interrogation and recovery, if any, shall produce the petitioners before B.A. No. 7167 of 2011 2 the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, JUDGE. Scl.