IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 2ND NOVEMBER 2006 / 11TH KARTHIKA 1928 Bail Appl..No. 6380 of 2006 ----------------------------- CRIME NO.442/2006 OF PANDALAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- 1. G.PRIRTHVIPAL, AGED 28 YEARS, S/O.GOPALAKRISHNA KURUP, VILACKATTUKOYIKKAL HOUSE, PANANGAD P.O., KULANADA, PATHANAMTHITTA DISTRICT. 2. MONAI @ SUNILKUMAR, AGED 24 YEARS, S/O.GOPALAKRISHNAN NAIR, S.S.NIVAS, PANANGAD P.O., KULANADA, PATHANAMTHITTA DISTRICT. 3. GOPALAKRISHNAN KURUP, AGED 68 YEARS, S/O.NAYARAYANA PILLAI, VILACKATTUKOYIKKAL HOUSE, PANANGAD P.O., KULANADA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. ------------------- B.A. 6380/2006 -------------------- DATED THIS THE 2ND DAY OF NOVEMBER, 2006 O R D E R The petitioners are accused of the offence punishable under Sections 143, 147, 148, 294(b), 332, 324, 427, 506(ii) and 307 IPC read with Section 149 IPC. 2. The prosecution submits that eight persons had sustained serious injuries at the hands of the petitioners and twelve other persons, who could be identified on site. Therefore, granting of a pre-arrest order is opposed by the prosecution. 3. The learned counsel for the petitioners submits that the third petitioner, a 68 year old person, was admitted in the hospital. But the counsel could not produce any documents to show that the third petitioner had sustained any serious injuries in the incident. 4. After hearing both sides and considering the facts that are placed before me, I direct the petitioners to surrender before the Investigating Officer, who is B.A.6380/2006 2 investigating crime No.442/2006 of Pandalam Police Station, on 8.11.2006 at 10.00 a.m. 5. The Investigating Officer shall interrogate the petitioners and thereafter, produce them before the Court below, as per the law. 6. The learned Magistrate, on production of the accused, shall hear both sides and pass appropriate orders on merit, on the same day itself. The application is disposed of as above. J.M.JAMES JUDGE mrcs