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. 8865 of 2011() ----------------------------------------- CRIME NO.567/2011 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ..................... PETITIONER/ACCUSED ---------------------------------- SHINU V.K., AGED 32 YEARS, S/O.KRISHNAN, AYANIARATHALLA MELETHATTU, THALAYAL, POOJA NAGAR, ARAALAMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE, SMT.N.DEEPA, SMT.B.BINDU. RESPONDENTS/COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8865 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.567/2011 of Neyyattinkara Police Station for offence punishable under Section 392 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, 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 allegation. The Government Pleader submitted that the investigation in this case is over and final report accusing the petitioner for offence under Section 392 of I.P.C is submitted on 25/11/2011. Therefore, I find no merit in the plea of arrest or torture. There is no intention to the Investigating Officer to arrest or torture the petitioner. Under these circumstances, this petition is disposed of with direction to the petitioner to surrender before the Magistrate and apply for regular bail, which the learned Magistrate shall dispose of, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su