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. 9127 of 2011() CRIME NO. 1221/2011 OF OLLUR POLICE STATION, THRISSUR DISTRICT ----------------------------- PETITIONER/ACCUSED: ---------------------------------- DENNY, S/O. ANTONY, KALLIVALAPPIL HOUSE, P. O. PUTHOOR, THRISSUR. BY ADV. SRI. V. BINOY RAM RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9127 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. Petitioner is the accused in Crime No.1221/2011 of Ollur Police Station for offences under Sections 323, 341, 452, 294(b) and 506(i) r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition is filed seeking an order to direct the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. Though, he filed a similar petition as Crl.M.C.No.1714/ 2011 before the Sessions Judge, Thrissur, he was not successful. Having failed there, this petition is filed. 2. From the argument advanced from either side, it is revealed that the petitioner committed house trespass at 11-30 PM and assaulted the defacto complainant, who is a lady. With due regard to the nature of the offences and the fact that the case is not a falsely foisted one, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. The learned Sessions Judge had rightly dismissed the petition. B.A. NO. 9127 OF 2011 2 In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, 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 at the earliest, provided due notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge