IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 8910 of 2011() CRIME NO. 346/2011 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT, WHICH IS NOW PENDING AS CRIME NO. 111/11 OF C.B.C.I.D.H.H.W. II, ERNAKULAM ----------------------------- PETITIONER/ACCUSED --------------------------------- NOUSHAD, AGED 40 YEARS, S/O. ABOOBACKER, THOTTINGAL HOUSE, YAKKARA, PALAKKAD DIST BY ADV. SRI. NIREESH MATHEW RESPONDENT(S): ------------------------- STATE OF KERALA REP. BY THE DETECTIVE INSPECTOR, CBCID HHW II, ERNAKULAM, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 8910 of 2011 ---------------------------------------------------------- Dated this the 3rd day of December, 2011 ORDER Apprehending, arrest , detention and torture at the hands of the Investigating Officer in Crime No.346/2011 of North Paravur Police Station for offences punishable under Sections 366-A, 354, 376(2)g, 506(1), 342, 202, 372 and 373 r/w 34 of I.P.C and Section 23 of Juvenile Justice Act, 2000, the petitioner has come with this petition under Section 438 of the Code of the Criminal Procedure, seeking on order to direct the respondent to release him on bail in the event of arrest with a plea that he is innocent of the allegations. The petition was filed as if the petitioner was not arrayed as a accused. 2. The learned Govt. Pleader, after taking instructions, submits that petitioner is the 93rd accused and that investigation discloses the involvement of the petitioner in the offence alleged. The victim is a girl aged 16 years. In the above circumstance, having due regard to the nature of the offence alleged, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A.No. 8910 of 2011 2 In the result, I dispose of this petition with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation and medical examination, if any, shall produce the petitioner before the Magistrate concerned. In the event, the interrogation and medical examination could not be completed within the time limit prescribed, the Investigating Officer is free to interrogate the petitioner, provided due report is filed before the Magistrate concerned. After interrogation, shall produce the petitioner before the Magistrate with a report so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su