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. 9315 of 2011() ----------------------------- CRIME NO.472/2011 OF PAYANGADI POLICE STATION KANNUR DISTRICT PETITIONER/ACCUSED : --------------------- MUHAMMAD NADIR, S/O.ABDUL NAZAR, AGED 19 YEARS, KEETTUKANDI HOUSE, MATTOOL SOUTH, P.O.MATTOL, KANNUR DISTRICT. BY ADV. SRI.I.V.PRAMOD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (S.H.O. OF PAYANGADI POLICE STATION), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: P.S.GOPINATHAN, J. --------------------------------------------- Bail Appln.No.9315 of 2011 ---------------------------------------------- Dated this the 16th day of December, 2011 ORDER The petitioner is the first accused in Crime No.472 of 2011 of Payangadi Police Station, for offences under Sections 143, 147, 148, 341, 323, 326, 308 and 506(2) read with Section 149 of the Indian Penal Code. Apprehending arrest, torture and detention at the hands of the Investigating Officer, this petition is filed under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he was falsely implicated. 2. Having heard either side, it is revealed that the incident is inside the campus of the Madayi College. The petitioner has no business to go there. The weapon of offence is an iron rod and the de facto complainant sustained fracture of the leg bone. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Bail Appln.No.9315/2011 : 2 : 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 Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE skj True copy P.A. to Judge