IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8924 of 2011() ---------------------------------- PETITIONER/ACCUSED --------------------------- MANOJ, AGED 36 YEARS, S/O. GOVINDAPILLAI, THENGINAL HOUSE, PUTHUSSERIMALA.P.O, RANNI, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8924 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.830/2011 of Ranni Police Station for offences punishable under Sections 323, 294(b), 452 and 354 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, petitioner seeks an order directing the respondent to release him 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 modesty of the defacto complainant was outraged, after committing house trespass and this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. In the result, I dispose of this petition 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 learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. SU P.S.GOPINATHAN, JUDGE