IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9274 of 2011() ----------------------------- (CRIME NO. 6/2011 OF MALAKKAPARA POLICE STATION, THRISSUR DISTRICT) PETITIONER / ACCUSED: ------------------------------ JOY P.D,SON OF DEVASSY, PAYYAPPILLY HOUSE, KURUVILASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT BY ADV. SRI.A.C.DEVY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. SUB INSPECTOR OF POLICE, MALAKKAPARA POLICE STATION, THRISSUR DISTRICT PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 9274 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R Petition filed under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.6 of 2011 of Malakkapara Police Station alleging offence punishable under Section 324 IPC and under Section 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. Apprehending arrest, detention and torture at the hands of the investigating officer, this application is filed. 2. Having heard either side, I find that since the offence alleged also includes Section 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989, this is not a fit case to invoke the jurisdiction of this Court under Section 438 of the Code of Criminal Procedure. More over, it did not appear that the investigating officer would torture the petitioner who is an Assistant Sub Inspector of Police. In the result, this petition is disposed of with direction to the investigating officer to produce the petitioner, in the event of arrest, after interrogation before the magistrate having jurisdiction so as to enable the petitioner to apply for regular bail, in which event, the learned magistrate B.A. 9274/2011 2 shall dispose the application on the same day provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, (JUDGE) knc/-