IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 8947 of 2011() ----------------------------- (CRIME NO.380/2008 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM PENDING BEFORE THE JFCM-I, NEYYATTINKARA) ------------------ PETITIONER/ACCUSED ------------------- SATHI KUMAR @ SATHI, PARAMBIL VEEDU, MOTTAMOODU, PALLICHAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS/ COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8947 OF 2011 ----------------------------- Dated this the 8th day of December, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 380/2008 of Nemom Police Station for offence punishable under Section 308 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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, it is revealed that the petitioner is now facing prosecution in Crime No.355/2007 including offence under Section 302 IPC. In the above circumstance, having due regard to the nature of the allegation and that the weapon used being a hatchet, I find that this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. B.A.No.8947/2011 2 3. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, shall produce the petitioner before the Judicial Magistrate of the 1st Class, Neyyattinkara, 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. (P.S.GOPINATHAN, JUDGE) ps/8/12