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. 9108 of 2011() ---------------------------------- (CRIME NO.549/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT) ........ PETITIONER/ACCUSED --------------------------- MOHAMMED HANEEFA, AGED 33 YEARS, S/O.K.M.MOIDU, RAHATH, KOTTIKULAM,BAKEL.P.O., KASARGOD. BY ADVS. SRI.S.RAJEEV SRI.JAWAHAR JOSE RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.549/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT) 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: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.9108 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 No.52 in Crime No.549/2011 of Varapuzha Police Station for offence under Sections 366 A, 372, 373, 376, 354 and 109 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks as 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 petitioner is one of the so many accused and due regard to the nature of the offence, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of the bail application, as far as possible, on the same day itself provided due notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge