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. 7191 of 2011() ---------------------------------------- CRIME NO.216/2011 OF RAMAPURAM POLICE STATION, KOTTAYAM. .................... PETITIONER/ACCUSED NO.1 & 3 ------------------------------------------------- 1. GEORGEKUTTY XAVIER, CHEENKALLEL HOUSE,RAMPURAM P.O., VELLILAPILLY VILLAGE, KOTTAYAM DISTRICT. 2. JOY VARGHESE, THALIPPARAMBIL HOUSE, AMANAKARA P.O.,KOTTAYAM DISTRICT BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.216/2011 OF RAMAPURAM POLICE STATION) BY PUBLIC PROSECUTOR SRI.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7191 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 Nos. 1 and 3 in Crime No.216/2011 of Ramapuram Police Station for offences under Sections 143, 148, 342, 452, 324 and 308 r/w Section 149 IPC. 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. It is seen that the same relief sought for by the petitioners in B.A.No.5965 of 2011 was declined by order dated 27-07-2011. 3. In the above circumstance, this petition is disposed of with liberty to the petitioner to surrender before the Investigating Officer, who after interrogation, 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, as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk