IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8307 of 2011() ------------------------------------------- (CRIME NO.737/2011 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT) ...... PETITIONERS/ACCUSED: -------------------------------------- 1. NIZAR N,AGED 23, S/O.NAZARUDDIN, NIZAR MANZIL, PARAKKODU P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. MOHAMMED ANZAR, AGED 23,S/O.LATE AKBARUDDIN, ANZAR MANZIL, PARAKKODU P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.R.SURAJ KUMAR, SRI.N.AJITH. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8307 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused 1 and 2 in Crime No.737/2011 of Adoor Police Station for offence punishable under Sections 395 of 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. Having heard either side, it is revealed that the petitioners are members of a gang of dacoits indulged in robbery like snatching of gold chain etc and that the offence alleged occurred at 11-00 PM on 08-09-2011. It does not appear that the petitioners were falsely implicated. Though the learned counsel for the petitioners has got a case that the petitioners are students in a college that does not appear true. However, the learned counsel submitted that the petitioners are prepared to surrender before the Investigating Officer. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge