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. 8638 of 2011() ----------------------------------------- CRIME NO.264/2011 OF KOODAL POLICE STATION, PATHANAMTHITTA DIST. ................. PETITIONERS/ACCUSED NOS. 2 & 3 ----------------------------------------------------- 1. SREE, AGED 27 YEARS, S/O. GOPINATHAN NAIR, KOCHAYYATHU KIZHAKKETHIL, KALANJOOR, PATHANAMTHITTA DISTRICT. 2. GOPARAJ, AGED 35 YEARS, S/O. RAGHAVAN PILLAI, RAJI BHAVANAM, KALANJOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8638 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. The petitioners are accused Nos.2 and 3 in Crime No.264/2011 of Koodal Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 427 and 294(b) r/w Section 149 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. Having heard either side, it is seen that the petitioners being the members of the unlawful assembly had assaulted the defacto complainant with a deadly stick and the victim had sustained grevious hurt. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO. 8638 OF 2011 2 In the result this petition is dismissed with direction to the petitioners to surrender before the Investigating Officer and after interrogation, with or without arrest, and recovery, if any shall produce the petitioners before the Magistrate concerned, so as to enable them to apply for regular bail. P.S.GOPINATHAN, JUDGE amk