IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8130 of 2011() ----------------------------- (CRIME NO. 1430/2011 OF NEDUMANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT.) PETITIONERS/ACCUSED ------------------------------ 1. BYJU @ ANI, AGED 32 YEARS, S/O.SOMAN,PUTHUVILAKATHU VEEDU, PURAVOORKONAM,KARAKULAM, THIRUVANANTHAPURAM. 2. HAREESH,AGED 27 YEARS, S/O.RAMAYYAN ASSARI,UTHRAM, CHERUVALLY,ENIKKARA,KARAKULAM, THIRUVANANTHAPURAM. 3. PREMJITH,AGED 37 YEARS, S/O.SYAMALA,MANKODU KATTAKKAL VEEDU, ARAMKALLU,KARAKULAM,TRIVANDRUM. 4. LALU,AGED 30 YEARS, S/O.SYAMALA,MANKODU KATTAKKAL VEEDU, ARAMKALLU,KARAKULAM,TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT:: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.11.2011, THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. NO. 8130 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF NOVEMBER, 2011. O R D E R Petitioners are stated to be accused in Crime No. 1430 of 2011 of Nedumangad Police Station alleging offence under Section 326 read with 34 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the investigating officer, this petition was filed seeking an order directing the investigating officer to release the petitioners on bail in the event of arrest. A similar application filed by them before the Sessions Judge, Thiruvananthapuram was dismissed by Annexure I order. Having heard either side, it is revealed that the weapon used for committing the offence is hatchet and that the thumb of the victim was amputated. Therefore, I find that this is not a fit case for invoking Section 438 of the Code of Criminal Procedure. The learned Sessions Judge was correct in dismissing their application. Therefore, this application is dismissed with liberty to the petitioners to apply for regular bail which the court below shall dispose of on merits at the earliest, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, (JUDGE) knc/-