IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 6678 of 2011() ---------------------------------------- CRIME NO.506/2011 OF MAGALAPURAM POLICE STATION. --------------------------------------------------------------- PETITIONER/ACCUSED NO.1 : ----------------------------------------- ALI AKBAR, AGED 30, S/O.MUSTHAFA, FATHIMA MANZIL, PERUMATHARA, SARKARA VILLAGE, CHIRAYINKEEZH TALUK. BY ADV. SRI. R.S.KALKURA SRI. K.SATHYADAS RESPONDENT(S)/ COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS P.S.GOPINATHAN, J ---------------------------- B.A. NO. 6678 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioner is the accused in Crime No.506/2011 of Mangalapuram Police Station for offence under Section 420 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner moved the Sessions Judge, Thiruvananthapuram by Crl.M.C. No.1139/2011 for an order under Section 438 of the Code of Criminal Procedure. By Annexure A1 order that petition was dismissed. Now the petitioner has approached this court with the very same relief. 2. Having heard either side. I find that the petitioner had got sufficient opportunity to apply for regular bail, but not resorted. The learned counsel for the petitioner submitted that there is likelihood of the petitioner being denied regular bail. I find no basis for the submission. There is no whisper in the petition that in the event he applied for regular bail, the petitioner would not get just and fair disposal. However, having due regard to the averments in the Annexure A4 First Information Report, this petition is disposed of with a direction to the petitioner to report before the investigating officer within two weeks. The investigating officer after B.A. NO. 6678 OF 2011 2 interrogation shall release him on bail on executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the investigating officer on condition that the petitioner shall report before the investigating officer as and when required and that he shall not leave Thiruvananthapuram district without permission. 3. This order shall be valid for a period of one month within which period the petitioner shall apply for regular bail, failing which the investigating officer shall arrest the petitioner and produce before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk