IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10247 of 2011(A) ---------------------------- CRIME NO.717 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE. PETITIONER (S): ------------------ 1. T.LALU AGED 29 YEARS, S/O.REGHU , THIRUTHIMMAL HOUSE, PUTHIYAPALAM,PARAYANCHERI VILLAGE, KOZHIKODE 2. P.T.SHAJU, AGED 28 YEARS, S/O.THOMAS, PAYYAPPILLY HOUSE, OPPOOTTUPADANNA, GOVNDAPURAM VALAYANADU VILLAGE, KOYILANDI TALUK, KOZHIKODE BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10247 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R The petitioners, who are accused 1 and 2 in Crime No.717/2011 of Medical College Police Station, Kozhikode for offences under Sections 341, 324, 325, 308 and 427 r/w Section 149 IPC, apprehending arrest, detention and torture at the hands of the Investigation Officer, filed a petition as Crl.M.C.No.1530/2011 under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Kozhikode, 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. By Annexure 1 order, the learned Sessions Judge dismissed the petition. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find that the weapon used is an iron rod and the defacto complainant had sustained fracture of the neck bone. Therefore, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO. 10247 OF 2011 2 In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge