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. 8835 of 2011() ---------------------------------------- CRIME NO.1866/2011 OF PALARIVATTOM POLICE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED -------------------------------------- AJITH.E.B., AGED 29 YEARS, S/O. BABU, PETHATTIPARAMBIL HOUSE, VENNALA.P.O., KOCHI-28. BY ADV. SRI.K.V.SABU RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8835 OF 2011 -------------------------- Dated this the 25th 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.1866/2011 of Palarivattom Police Station for offence punishable under Section 377 IPC. 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, the petitioner filed a petition as Crl.M.C.No.1678/2011 before the Sessions Judge, Ernakulam, who by Annexure A1 order was dismissed the petition. Now, seeking the very same relief, this petition is filed. 2. Having heard either side, I find that the petitioner was not falsely implicated. The victim is a boy, aged 6 years. The Investigation is in midway. In the above circumstance, the B.A. NO. 8835 OF 2011 2 learned Sessions Judge is right in dismissing the petition and there is no reason to arrive at a divergent conclusion. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, and medical examination, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for 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 amk