IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 5800 of 2011() ---------------------------------------- CRIME NO. NOT KNOWN , VARKALA POLICE STATION, THIRUVANANTHAPURAM. .......... PETITIONER (S): ----------------------- M.SABESAN, S/O.MADHAVAN AGED 60, BRS BUILDING ,MANAMBOOR DESAM OTTUR VILLAGE, VARKALA. BY ADV. SRI.P.R.PADMANABHAN NAIR RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.5800 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Apprehending, arrest, detention and torture at the hands of the Sub Inspector of Police,Varkala Police Station in an unknown crime, this petition is 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. The learned Public Prosecutor, after taking instruction submitted that the petitioner is the accused in Crime No.696/2011 of Varkala Police Station for offence punishable under Section 406 and 420 r/w Section 34 IPC and that the deceived amount is more than Rupees Five Lakhs and that custodial interrogation is warranted. In the above circumstance, 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 liberty to the petitioner to surrender before the Investigating Officer or before the trial Court and apply for regular bail. P.S.GOPINATHAN, JUDGE amk