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. 8824 of 2011() ---------------------------------- (CRIME NO.1023/2011 OFM KOLLAM EAST POLICE STATION, KOLLAM DISTRICT) ...... PETITIONER/ACCUSED: ---------------------------- SUNESSH SARO, S/O.AIVAN SARO, SEA SHELS, CONVENT ROAD, THANKASSERI, KOLLAM, KOLLAM DISTRICT. BY ADVS SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH 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: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8824 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.1023/2011 of Kollam East Police Station for offences punishable under Sections 143, 147, 148, 120B, 341, 326 and 307 r/w 149 of I.P.C and also under Section 27 of Arms Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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. Having heard either side, it is revealed that the defacto complainant was assaulted with deadly weapons like sword and had sustained fracture on elbow. Case is not a falsely foisted one. Therefore, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation and recovery, if any, with or without arrest, shall produce the petitioner before the Magistrate concerned, so as 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, su J UDGE