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. 8288 of 2011() ------------------------------------------ CRIME NO.36/2011 OF MOOZHIYAR POLICE STATION, PATHANAMTHITTA DISTRICT --------------------------------------- PETITIONER/ACCUSED -------------------------------------- SHIJU H., S/O.M.HASSAN, SHEEJA MANZIL, VETTIPURAM, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.8288 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.36/2011 of Moozhiyar Police Station, for offence punishable under Section 468 of 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 allegation. 2. Having heard either side, I find that the Sub Inspector of Police, SBCID, Pathanamthitta Unit had noticed that two cars with same registration, namely, KL-03-R-2026. Accordingly, report was submitted before the Investigating Officer, basing upon which, the case was registered. According to the petitioner, he is the owner of a car bearing the above registration number with original registration and that he is not involved in any forgery. However, since, two cars are seen with same register numbers, the Investigating Officer cannot avoid interrogating the petitioner. The petitioner has to appear before the Investigating Officer for interrogation and convince the authenticity of the Registration Certificate. No malafide can be inferred against the Investigating Officer. Petitioner has nothing to be afraid of, if he is the holder of the genuine Registration Certificate. B.A.No.8288 of 2011 2 Verification of the Certificate cannot be avoided. Having due regard to the above facts and circumstances, I dispose of this petition with direction to the petitioner to report before the Investigating Officer with Registration Certificate and connected documents for interrogation and verification of the documents. In the event, the Registration Certificate is genuine, he shall not be arrested, but be released. On the other hand, if the Certificate is found forged, he shall be produced before the Magistrate concerned, so as to enable him to apply for regular bail, which the learned Magistrate shall dispose of on merits, if possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su