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. 7521 of 2011() ----------------------------- CRMP.2010/2011 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.782/2011 OF KOTTIYAM POLICE STATION, KOLLAM) ...... PETITIONER: -------------------- JYOTHIKUMAR @ ANIYANKUNJU, VINOD BHAVAN, KPXIX/687, THAZHUTHALA, KOLLAM. 691 517. BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR), SRI.P.SREEKUMAR. RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR SMT. S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO.7521 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioner is the 4th accused in Crime No.782/2011 of Kottiyam Police Station for offences under Sections 143, 147, 148, 323, 324, 326, 341, 308, 294(b) r/w Section 149 IPC and Section 27 of the Arms Act. Apprehending, arrest, detention and torture at the hands of the Investigation 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, I find that the recovery is not over and the investigating is on midway. In the above circumstance, this petition is disposed of with direction to the petitioner to report before the investigating officer. The investigating officer after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned. 3. The learned Magistrate shall dispose of the bail application on merits, if possible without delay, provided notice is given in advance to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk