IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8010 of 2011() ---------------------------------- CRMP.2466/2011 of DISTRICT COURT & SESSIONS COURT,KOLLAM CRIME NO.1511/2011 OF KUNDARA POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED NO. 1 TO 3 ------------------------------------------- 1. MOHANAN,AGED 51 YEARS,LEKSHMANAN CHAKKUPURAKKAL KIZHAKKATHIL,PUNAKKANOOR, ALUMMOODU P.O KOLLAM. 2. SURESH AGED 35 YEARS,CHUDALAMUTHU, CHAKKUPURAKKAL KIZHAKKATHIL,PUNAKKANOOR, ALUMMOODU P.O KOLLAM. 3. KUTTAN AGED 35 YEARS,S/O.NARAYANAN, KAKKANDAZHIKATHU VEEDU,KOCHALUMMODU ALUMMOODU P.O KOLLAM. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM 31. 2. SUB INSPECTOR OF POLICE KUNDARA POLICE STATION, KUNDARA, KOLLAM-04. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8010 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 to 3 in Crime No.1511/2011 of Kundara Police station for offences punishable under Sections 447, 326 and 323 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition is 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.Though the petitioners moved the Sessions Judge, Kollam for the same relief, for the reason that the release of the petitioners would interfere with the process of investigation, the petition was dismissed. Having heard either side, I find that the observation by the Sessions Judge is absolutely correct. 3. In the above circumstance, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer, who, after interrogation and recovery of weapon, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of on merits at the earliest, provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk