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. 9216 of 2011() ----------------------------------------- CRIME NO.890/2011 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. .................... PETITIONERS/ACCUSED 1 TO 3 ----------------------------------------------- 1. ANIL A., S/O.APPU (25 YEARS), PULLUVILAKATHU PUTHEN VEEDU, EDUKKATHUKONAM, VEDIVACHAN COIL P.O., PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 2. PRADEEP K., S/O.KUTTAPPAN, 25 YEARS, KOYILKALKUZHI, MELE, PERINGAMALA, KALLIYOOR P.O., PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 3. SANTHOSH R. @ SAJI, S/O.RAJAN, 25 YEARS, MELAMKODE, PUTHUVAL VEEDU, NEMOM P.O., NEMOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE, SMT.B.BINDU, SMT.N.DEEPA. RESPONDENTS/COMPLAINANTS ------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9216 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 to 3 in Crime No. 890/2011 of Balaramapuram Police Station for offences punishable under Sections 308, 323 and 324 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, they moved a petition as Crl.M.C.No.1909/2011 before the Sessions Judge, Thiruvananthapuram, who, by Annexure-I order dismissed the same. Now seeking the same relief, this petition was filed. 2. Having heard either side and perusing the records, I find that, as rightly observed by the learned Sessions Judge, there are materials to show the involvement of the petitioners with the crime. The defacto complainant had sustained serious injuries and the weapons used are sword and jacky lever. Therefore, I find that this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. B.A.No.9216/2011 2 3. 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 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/29/11