Kerala High Court
Bail Appl./10858/2011 of ARUN BABU Vs THE STATE OF KERALA on 30 December 2011
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10858 of 2011() ------------------------------ (Crime No.1652/2011 of Sasthamkottah Police Station, Kollam) APPLICANTS/ACCUSED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933
Bail Appl..No. 10858 of 2011()
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(Crime No.1652/2011 of Sasthamkottah Police Station, Kollam)
APPLICANTS/ACCUSED
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1. ARUN BABU,
(AGED 30 YEARS, S/O.VIJAYAKUMAR),
PINNATTU PUTHEN VEEDU, PUTENAMBALAM,
KUNNATHUR VILLAGE, KOLLAM DIST.
2. SHARANDAS
(AGED 20) S/O.SIVADASAN,
SETHULAKSHMI BHAVAN, IVERKALA,
PUTHENAMBALAM P.O., KOLLAM DIST.
BY ADV. SRI.S.ABDUL RAZZAK
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
SASTHAMKOTAH, KOLLAM DIST.
PUBLIC PROSECUTOR, Sri.P.S.ABDUL KAREEM
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J.
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B.A.No.10858 OF 2011
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Dated this the 30[th] day of December, 2011
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O R D E R
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Petition under Section 438 of the Code of CriminalProcedure. Petitioners are the accused Nos. 1 and 2 in CrimeNo. 1652/2011 of Sasthamkottah Police Station for offencespunishable under Sections 153A and 427 read with 34 I.P.C.Apprehending arrest, detention and torture at the hands of theInvestigating Officer, this petition is filed seeking an orderdirecting the respondents to release the petitioners on bail inthe event of arrest with a plea that they are innocent of theallegations.
2. Having heard either side it is revealed that under theshade of the Mullaperiyar dam the petitioners had waylaid alorry and committed mischief and therefore this is not a fit caseto invoke jurisdiction under section 438 of the Code of CriminalProcedure.
3. In the result, this petition is disposed of withdirection to the petitioners to surrender before the Investigating B.A.No.10858/2011
Officer. The Investigating Officer, after interrogation, shallproduce the petitioners before the Magistrate concerned, so asto enable them to apply for regular bail, which the Magistrateshall dispose of on merits, as far as possible on the same day,provided, due notice is given to the Assistant Public Prosecutor.
ps/30/12
(P.S.GOPINATHAN, JUDGE)