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. 8102 of 2011() --------------------------------------- CRIME NO. 1054 OF 2010 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT ------------------------------------------------------------- PETITIONER (S): ------------------------- JAYESH KUMAR, S/O.MATHASANKAR DUBEY, ABDRAPUR,VARANASI. BY ADV. SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENT(S): ------------------------ S.I. OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD P.S.GOPINATHAN, J. ---------------------------- B.A.No.8102 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 2nd accused in Crime No. 1054/2010 of Aluva Police Station for offences punishable under Sections 420 and 468 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, it is revealed that the case arose out of the forgery of demand draft of the Central Bank at GTN Branch, Aluva. Therefore, the request of the prosecution for custodial interrogation cannot be declined. 3. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, shall produce the petitioner before the B.A.No.8102/2011 2 Magistrate concerned, so as to enable him to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11