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. 8526 of 2011() ------------------------------------------ (CRIME NO.872/2011 OF EZHUKONE POLICE STATION) ..... PETITIONERS/ACCUSED 1 TO 4: ------------------------------------------------- 1. BIJU ABRAHAM, KUZHAKATTU VADAKKEVILA, AMBALATHUMKALA, KOTTARAKARA, KOLLAM. 2. SYAM LAL @ MANIKANTAN, SYAM SADANAM, KARUVELIL, KOLLAM DISTRICT. 3. ABIJITH @ APPU, CHARUVILA VEEDU, MARANADU, KOTTARAKARA, KOLLAM. 4. AJITH, RAGHAVA VILASOM, IRUMPANAGADU, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------------- B.A.No.8526 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. Petitioners are the accused Nos. 1 to 4 in Crime No. 872/2011 of Ezhukone Police Station for offences punishable under Sections 143, 147, 148, 341, 506(iii), 427, 323, 326 and 308 read with 149 I.P.C. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking 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, the 1st accused is involved in identical crimes and he is a person wanted by the police. 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 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 B.A.No.8526/2011 2 to enable them to apply for regular bail, which the Magistrate shall dispose of, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11