IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9290 of 2011() ----------------------------- (CRIME NO. 866/2011 OF VELLIKULANGARA POLICE STATION ) PETITIONER/ACCUSED: -------------------------------- CHANDRAN, AGED 35 YEARS, S/O.MALAYAN VELAYUDHAN, RANDUKAI DESOM, KUTTICHIRA VILLAGE, MUKUNTHAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT: ------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 9290 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH 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. 866 of 2011 of Vellikulangara Police Station alleging offence punishable under Section 376 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the investigating officer, this application is filed seeking anticipatory bail. 2. Having heard the learned Public Prosecutor, it did not appear that the case was falsely foisted against the petitioner. Having due regard to the nature of the offence, I find that this is not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is dismissed with direction to the petitioner to surrender before the investigating officer, who, after interrogation and subjecting the petitioner to potency test if any, shall produce him before the magistrate concerned so as to enable the petitioner to apply for regular bail, which the learned magistrate shall dispose of as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, (JUDGE) knc/-