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. 9380 of 2011() ------------------------------------------- CRIME NO.843/2011 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT .................... PETITIONERS/ACCUSED NOS.2 & 1 ---------------------------------------------------- 1. SUDHEER, S/O. NOOHU, SAJEENA MANZIL, KURAKKANNI, VARKALA. 2. SHANKAR, S/O. THULASIDHRAN, EARATHU VEEDU, PULLANNCODE, EDAVA, THIRUVANANTHAPURAM. BY ADV. SRI.M.H.HANIS SRI.T.S.SHYAM PRASANTH RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARKALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 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: sts P.S.GOPINATHAN, J ---------------------------- B.A. NO.9380 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. 2 and 1 in Crime No.843/2011 of Varkala Police Station for offences punishable under Sections 323, 324, 308 and 427 r/w Section 34 IPC and Section 27 of the Arms Act. 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, petitioners approached the Sessions Judge, Thiruvananthapuram with a petition as Crl.M.C.No.1752/2011. By Annexure B order, the learned Sessions Judge dismissed that petition. Now this petition. 2. Having heard either side, it is seen that a deadly stick was used by the petitioners as weapon of offence. The victim had sustained severe injury, even exposing the ulna and injuries on three fingers of the left hand. It does not appear that the case was falsely foisted. B.A. NO.9380 OF 2011 2 Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as rightly observed by the Sessions Judge. In the result, this petition is dismissed with direction 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge