IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 7342 of 2011(C) ------------------------------------------ [CRIME NO.235/2011 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT] ............... PETITIONERS/ACCUSED 1, 3 AND 4: ----------------------------------------------------- 1. PUTHIYA VEETIL RIVAJ, AGED 24 YEARS, S/O. KHALID, COOLIE WORKER, RESIDING AT PUTHIYA VEETIL HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, DESOM, KANNUR DISTRICT. 2. PUTHIYA VEETIL SHUKOOR @ SHUKOOR, AGED 44 YEARS, S/O. KHALID, BUSINESS, RESIDING AT PUTHIYA VEETIL HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, DESOM, KANNUR DISTRICT. 3. UNNAIZ.M.V, AGED 26 YEARS, S/O.SALAM, COOLIE WORKER, RESIDING AT MADALAN VALLIYATTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, DESOM, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7342 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1, 3 and 4 in Crime No.235/2011 of Pariyaram Medical College Police Station for offences punishable under Sections 341, 323, 324 and 326 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners seeks as 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 defacto complainant was attacked with a deadly weapon and inflicted grevious hurt and that the petitioners and others are taking law in their hands being part of a political party. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with liberty to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, with or with out arrest shall produce before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk