IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8985 of 2011() ----------------------------------------- CRIME NO.501/2011 OF PANOOR POLICE STATION, KANNUR DISTRICT. .................... PETITIONERS/ACCUSED NO.4 & 5 ------------------------------------------------ 1. VINESH. P, S/O.KRISHNAN, PADIYANTHEVIDE HOUSE, ELANGODE P.O., PANOOR VIA., KANNUR DISTRICT. 2. ANUROOP. K, S/O.ANANTHAN, KATTINTHEVIDE HOUSE, ELANGODE P.O., PANOOR VIA., KANNUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8985 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 4 and 5 in Crime No.501/2011 of Panoor Police Station for offences under Sections 143, 147, 148, 323, 341, 324 and 153(A) r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners seek 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 this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as it is a fight between political parties, which is a regular incident in that areas. Therefore, this petition is disposed of with direction to the petitioner 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 learned Magistrate shall dispose as far as possible, on the same day itself, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk