IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8707 of 2011() ---------------------------------- (O.R. NO.2/2011 OF KARUVARAKKUNDU FOREST STATION, KALIKAVU RANGE, MALAPPURAM DISTRICT) .................... PETITIONER/ACCUSED ---------------------------- MOOSA C.P., S/O.MUHAMMED KUTTY, CHATTIPARAMBAN HOUSE, KADAMBODE, PANTHALOOR VIA., MANJERI, MALAPPURAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH THE FOREST RANGE OFFICER, KALIKAVU, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.8707 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in O.R.No.2/2011 of Karuvarakkundu Forest Station for offences punishable under Sections 2(5)(16(b), 9, 50 and 51 of the Wild Life (Protection) Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, Crl.M.C. 1237/2011 under Section 438 of Cr.P.C. was filed before the Sessions Judge, Manjeri, who by Annexure-A1 order dismissed the petition. Now seeking the very same relief, this petition is filed . 2. Having heard either side, 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 surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce the petitioner before the Magistrate concerned, so as to enable him to apply for regular bail, which the Magistrate shall dispose of, as far as possible, on the same day, provided, due notice is given B.A.No.8707/2011 2 to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11