IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 7377 of 2011() ---------------------------------------- CRIME NO.943/2010 OF PARIPPALLY POLICE STATION. PETITIONERS/ACCUSED ------------------------------------ 1. SUNIL, S/O.RAJENDRAN, AGED 29 YEARS, CHARUVILAPUTHENVEEDU, PULIKKUZHICHERY, KULAMADA, PARIPPALLY, PARAVUR. 2. MANIKANDAN, AGED 21 YEARS, S/O.RAMAN, KARINJANAKODE MELETHIL VEEDU, PULIKKUZHICHERY, KULAMADA, PARIPPALLY, PARAVUR. 3. MUTHU, S/O.RAMAN, AGED 19 YEARS, KARINJANAKODE, MELETHIL VEEDU, PULIKKUZHICHERY, KULAMADA, PARIPPALLY, PARAVUR. 4. ABHILASH, AGED 18 YEARS, S/O.KIUTTAPPAN, CHARUVILAPUTHENVEEDU, PULIKKUZHICHERY, KULAMADA, PARIPPALLY, PARAVUR. 5. MAHESH, AGED 24 YEARS, S/O.BABURAJ, KARINJANAKODE MELETHIL VEEDU, PULIKKUZHICHERY, KULAMADA, PARIPPALLY, PARAVUR. (1ST, 2ND, 5TH, 6TH, 7TH ACCUSED IN PARIPPALLY P.S.. CRIME NO.943/2010). BY ADV. SRI.V.JAYAPRADEEP, SMT.V.V.RISANI, SRI.SANEESH KUNJUKUNJU. RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY THE DY. SP., PARAVUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, ALONG WITH BA NO.8904 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.7377 & 8904 OF 2011 ----------------------------- Dated this the 24th day of November, 2011 C O M M O N O R D E R ~~~~~~~ Petitioners in B.A.No.7377/2011 are accused Nos. 1, 2, 5 6 and 7 in Crime No.943/2010 of Parippally Police Station for offences punishable under Sections 326, 452, 427 and 307 IPC read with 27 Arms Act. The petitioner in B.A.No.8904/2011 is the 4th accused. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, these petitions were filed seeking 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 the petitioners were not falsely implicated. It is a clear case of attempt to commit murder as evident by the documents available. Annexure-A order in B.A.No.3608/2011 produced in B.A.No.8904/2011 would show that the 8th accused, who is a lady, was granted bail by another learned Single Judge on conditions and on surrender before the investigating officer. None of the petitioners is a lady to claim such consideration. B.A.No.7377 & 8904/2011 2 3. In the above circumstance, these petitions are disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, with or without arrest, shall produce the petitioners before the Judicial Magistrate of 1st Class, Paravur, so as to enable them to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/25/11