IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9310 of 2011() ---------------------------------- (CRIME NO.661/2009 OF PANDALAM POLICE STATION CRIME BRANCH POLICE STATION THIRUVALLA) .... PETITIONERS/ACCUSED 2&3 ----------------------------------- 1. P.N.KUTTAN NAIR, NOW RESIDING AT ANANDA VILASAM, MULAKUZHA, CHENGANNUR (RETIRED ATTENDER KULANADA SERVICE CO-OPERATIVE BANK). 2. P.V.UTHAMAN KUTTY, PRAYIL SANU BHAVAN, OLANADU P.O., KULANADA, ATTENDER, KULANADA SERVICE CO-OPERATIVE BANK). BY ADVS. SRI.T.M.RAMAN KARTHA SRI.ARUN BASIL RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE CIRCLE INSPECTOR OF POLICE, CRIME BRANCH, THIRUVALLA - 689 101. 3. KULANADA SERVICE CO-OPERATIVE BANK TLD. NO.,CS.2133, KULANADA P.O., PANDALAM - 689 503, REPRESENTED BY ITS SECRETARY IN CHARGE, K.S.REMA BAI. R1 & R2 BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9310 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime No.661/2011 of Pandalam Police Station for the offences under Sections 409 and 420 r/w Section 34 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. Having heard either side, it is revealed that the petitioners were already interrogated by the Investigating Officer. They have no case that they were any way tortured. But the learned counsel submitted that despite the interrogation on various dates, the petitioners were not arrested and that therefore the petitioners should apprehend arrest. I find little merit in the submission, if the Investigating Officer had any intention to arrest or torture the petitioners, it would be done earlier. The petitioners had got ample opportunity to apply for regular bail. In the normal course, since the interrogation is over. There is little chance for obtaining a regular bail. B.A. NO. 9310 OF 2011 2 In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating officer . The Investigating Officer after interrogation and recovery, if any, with or without arrest, shall produce the petitioners before the Magistrate concerned having jurisdiction, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk