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. 8435 of 2011() -------------------------------------- CRIME NO.349/2011 OF MARANALLOOR POLICE STATIN, THIRUVANANTHAPURAM DISTRICT. .......... PETITIONERS/A1 TO A4 ---------------------------------------- 1. RANJITH, S/O.SOMAN NADAR, (A1) PATHUKATTUVILA, AMBEDKAR COLONY, MARANALLOOR, THIRUVANANTHAPURAM 2. SARATH KUMAR, (A2) S/O.VIJAYAKUMAR, PATHUKATTUVILA, AMBEDKAR COLONY, MARANALLOOR, THIRUVANANTHAPURAM 3. SAJITH KUMAR, (A3) S/O.VIJAYAKUMAR, PATHUKATTUVILA, AMBEDKAR COLONY. 4. SHIBU @ KUMAR, (A4) S/O.KUNJIKRISHNAN, PATHUKATTUVILA, AMBEDKAR COLONY, MARANALLOOR, THIRUVANANTHAPURAM BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8435 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. Petitioners are accused Nos.1 to 4 in Crime No.349/2011 of Maranalloor Police Station for offences under Sections 323, 324, 308 and 427 r/w Section 34 IPC. 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. 2. The learned counsel for the petitioner giving reliance to Annexure A, the first information report in crime 342/2011 would submit that infact the petitioners are the victims and that they were assaulted after having trespassed into their house and that this case was falsely foisted as a counter case. 3. The Public Prosecutor after instruction and perusing the case diary in both cases would submit that the offence alleged B.A. NO.8435 OF 2011 2 in this case is at 8.45 PM and Annexure A crime occurred at 9.00 PM. Probably, it may be a counter attack. The weapon used in this case is a chopper and the injuries were inflicted at the parietal region. It does not appear that this is a false case. 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 direction to the petitioners to surrender before the Investigation Officer, who after interrogation, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the learned 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