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. 8759 of 2011() ----------------------------------------- CRIME NO.1088/2011 OF SOORANADU POLICE STATION, KOLLAM DISTRICT. ..................... PETITIONER/ACCUSED ---------------------------------- RATAN @ RATHNAKUMAR, AGED 51 YEARS, THRIKKUNNAPUZHA NORTH, KAKKUKUNNU, SOORANADU SOUTH. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN- 682 031. 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: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8759 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. The petitioner is the accused in Crime No.1088/2011 of Sooranadu Police Station for offences under Sections 451, 354 and 341 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent. 2. Having heard either side, I find that the petitioner who is aged 51 years, is the neighbour of the victim, who is aged 17 years and the offence committed after the petitioner trespassing to the house of the victim. Such being the nature of offence, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO.8759 OF 2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the investigating officer for interrogation. The Investigating Officer, who,after interrogation and medical examination, if any necessary, shall produce before the Magistrate concerned, so as to enable him to apply for regular bail, which the learned Magistrate shall dispose of, on merits without delay, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk