IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9193 of 2011() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.1487/2011 Dated 23/08/2011 CRIME NO.906/2011 OF CHIRAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM DISTRICT .................... PETITIONER/ACCUSED: ---------------------------- NAJEEB, S/O.ABDUL LATHEEF, DARUSALAM, MUDAPURAM P.O., CHIRAYINKEEZH, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9193 OF 2011 -------------------------- Dated this the 29th 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.906/2011 of Chirayinkeezh Police Station for the offences under Sections 324, 294(b) and 308 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. 2. Having heard either side, it is revealed that the petitioner had inflicted injuries at the head, vital part of the body with a deadly knife, which appears to clear case of attempt to commit culpable homicide. Therefore, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. 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, with or without arrest, shall produce the petitioner before the Magistrate concerned having jurisdiction, so as to enable the petitioner to apply for regular bail, which the 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 amk