IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 6402 of 2011() ---------------------------------------- CRIME NO.206/2011 PERUMBAVOOR POLICE STATION. .................... PETITIONER/ACCUSED -------------------------------------- MIRSHAD,S/O.YOUSUFF,CHEENIKKARA VEETTIL, PERUMPADAPPU DESOM,MALAPPURAM. BY ADV. SMT.R.SUDHA RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE,MALAPPURAM POLICE STATION,PERUMPADAPPU DESOM,MALAPPURAM. 2. THE PUBLIC PROSCUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 6402 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in Crime No.205/2011 of Perumpadappu Police Station. Offence alleged includes unlawful assembly and attempt to commit culpable homicide. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed as early as 3- 8-2011. Various adjournments were obtained. The learned counsel now again seeks for posting after two seeks. 2. The learned Public Prosecutor submitted that some of the other accused appeared before the Magistrate concerned and were enlarged on bail. The petitioner can also resort to such a procedure. In the above circumstance, I find no merit in the intention that the petitioner would be arrested or tortured by the Investigating Officer, so as to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with liberty to the petitioner to surrender before the Investigating Officer and apply for regular bail. P.S.GOPINATHAN, JUDGE amk