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. 8746 of 2011() ----------------------------------------- CRIME NO.772/2011 OF CHAVAKKAD POLICE STATION, THRISSUR. .................. PETITIONER/2ND ACCUSED ------------------------------------------ SETHUMADHAVAN, S/O.KRISHNAN, AGED 45 YEARS, KANNANKERAN HOUSE, BEACH ROAD, P.O. CHAVAKKAD. BY ADV. SRI.C.A.CHACKO, SMT.C.M.CHARISMA. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8746 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 second accused in Crime No.772/2011 of Chavakkad Police Station for offences under Section 16 of the Kerosene Control Order, Section 6 of Kerala High Speed Diesel Oil Regulation on Supplies Order and Sections 3 and 7 of Essential Commodities Act. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks 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 counsel for the petitioner submits that all the offence alleged are bailable. Being so, as observed by the learned Sessions Judge, Thrissur in Crl.M.C. No.1591/2011, it is left open to the petitioner to appraise the Magistrate concerned and to obtain regular bail. In the result, this petition is disposed of with direction to the petitioner to apply for regular bail, which the learned Magistrate shall dispose of as far as possible, on the same day itself provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk