IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9061 of 2011() ---------------------------------- (CRIME NO.409/2011 OF CHELAKKARA POLICE STATION, THRISSUR DISTRICT) ...... PETITIONERS/ACCUSED: ----------------------------- 1. KUMARAN, S/O.NARAYANAN, KUDILINGAL, CHELAKKODU, THIRSSUR DISTRICT. 2. ABBAS.K.S., S/O.SULAIMAN, KUNNATH PEEDIKAYIL, PULAKKODU P.O., THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, CHELAKKARA-680 586, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9061 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused in Crime No.409/2011 of Chelakkara Police Station for offences punishable under Sections 354 and 324 of I.P.C. 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. The learned Public Prosecutor submitted that offence under 326 was also committed and the weapon used is iron rod and there is fracture on the radial head of the left elobow of the victim and that custodial interrogation is warranted. In the above circumstances, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, I dispose of this petition with direction to the petitioners to surrender before the Investigating Officer, who after interrogation, shall produce them before the Judicial First Class Magistrate, Vadakkanchery who shall dispose of the bail application, if filed, at the earliest. SU P.S.GOPINATHAN, JUDGE