IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Bail Appl..No. 8382 of 2011() ----------------------------- CP.129/2011 of J.M.F.C.-I,NEDUMANGAD ARISING FROM CRIME NO.1010/2010 OF VENJARAMOOD POLICE STATION .................... PETITIONERS/ACCUSED NOS. 3 TO 6: ------------------------------------------ 1. NISHAD, S/O. ASHRAF, AM MANZIL, NEDUMKAITHA, MANIKKALMURIYIL, PULAMPARA VILLAGE. 2. SHAMNAD, S/O. ABDUL SALAM, SHANMANZIL, DO-DO-DO- 3. SHAFI, S/O. MUHAMMED ALI, SHAFI MANZIL, DO-DO-DO- 4. KOCHUNNI, S/O. JOHNSON, THADATHARIKATHE VEED, KALLUPALAM, DO-DO-DO- BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, VENJARAMOOD POLICE STATION-695546. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8382 of 2011 --------------------------- Dated this the 9th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 to 6 in C.P.No.129 of 2011 on the file of the court of the Judicial Magistrate of the First Class-I, Nedumangad. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 447, 114, 294(b), 308 and 324 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that summons was issued to the petitioners by the court. During the crime stage, petitioners were not arrested. The petitioners are prepared to appear before court on summons. The apprehension of the petitioners is that it is likely that the learned Magistrate may remand the petitioners to judicial custody relying on the judgment of this Court in Suresh vs. State of Kerala (2011(3) KLT 600). BA 8382/11 2 4. The learned counsel for the petitioners submitted that the decisions in Suresh vs. State of Kerala (2011(3) KLT 600) does not apply to the facts and circumstances of the case and that the said decision is clearly distinguishable in the facts and circumstances of the present case. 5. The contentions raised by the petitioners cannot be decided in an application for anticipatory bail. On receiving summons, the petitioners are bound to appear before court. The question of granting bail is a matter to be considered by the learned Magistrate. That procedure cannot be bypassed by filing an application under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl