IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7399 of 2011() ----------------------------- PETITIONER ------------ MANU CHACKO, KURIYADATHUPARAMBIL HOUSE, THAIMARAVUNKARA P.O.,KUTTOOR. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION-686601. BY PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU P.S.GOPINATHAN, J ---------------------------------- B.A.No.7399 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1203/2011 of Thiruvalla Police Station for offence punishable under Section 5(a) of Kerala Rationing Order 1996 r/w Sections 3 and 7 of Essential Commodities Act 1955. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 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. Therefore this petition is disposed with direction to the petitioner to surrender before the Investigating Officer at 8.am on 30/11/2011. 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 may dispose of on merits, if possible on the same day, provided, due notice is given to the Public Prosecutor. P.S.GOPINATHAN, JUDGE su