IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 6717 of 2011() ----------------------------- CRIME NO.167/2011 OF IDUKKI POLICE STATION, IDUKKI DISTRICT .................... PETITIONER/ ACCUSED --------------------------- BABU, S/O.PRABHAKARAN, AGED 38 YEARS, VATTAPPARAMBIL HOUSE, MADATHILKADAVU KARA, THANKAMANI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT/ STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.167/2011 OF IDUKKI POLICE STATION, IDUKKI DISTRICT). PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.6717 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 167/2011 of Idukki Police Station for offences punishable under Sections 307, 324 and 341 read with 34 I.P.C. 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 they are innocent of the allegations. The petitioner filed Crl.M.P.No.1559/2011 under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Thodupuzha, who by Annexure-A1 order dismissed the petition. Now seeking the very same relief, this petition was filed. 2. Having heard either side, I find that the complicity of the petitioner is evident by the materials so far collected during the investigation. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A.No.6717/2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/18/11