IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10132 of 2011() ----------------------------- CRMP.3060/2011 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.1321/2011 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. .................... PETITIONER (S): - ---------------------- RAJU@RAJAN, S/O.MANOHARAN,AGED 33 YEARS, KADAPPURAM PUTHUVAL,NEAR PALLINER JUNCTION, THEKKUMBHAGOM CHERRY,ERAVIPURAM VILLAGE, KOLLAM BY ADV. SRI. K.SIJU KAMALASANAN SMT.BINDU GEORGE RESPONDENT(S): - ----------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT.R.REMA. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10132 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner, who is the first accused in Crime No.1321/2011 of Eravipuram Police Station for offences under Sections 294(b), 323 and 326 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, he filed a petition as Crl.M.P.No.3060/2011 before the Sessions Judge, Kollam, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. By Annexure 1 order, the learned Sessions Judge dismissed the application. Now seeking the same relief, this petition is filed. 2. Having heard either side and due regard to the fact that the defacto complainant was assaulted with a grevious hurt and had sustained fracture of the lower jaw, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner 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