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. 8157 of 2011() ---------------------------------------- CRIME NO.349/11 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DIST. .................. PETITIONER/1ST ACCUSED: ----------------------------------------- AKHIL KUMAR, AGED 21 YEARS, S/O.OMANAKUTTAN, ASWATHI BHAVANATHIL, VALLIKKUNNAM. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANTS -------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.I. OF POLICE, VALLIKKUNNAM POLICE STATION. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8157 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.349/2011 of Vallikkunnam Police Station for offence under Section 366 r/w Section 34 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. The learned Public Prosecutor submitted that the petitioner had forcibly taken away the daughter of the defacto complainant in the auto rickshaw of the 2nd accused to the house of the 3rd accused and had sexual inter course with her and that investigation is in midway. The 2nd and 3rd accused are absconding and that custodial interrogation is warranted. I find merit in the submission. In the above circumstance, 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, who, after interrogation, shall produce the petitioner before the Magistrate concerned, as as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of on merits at the earliest. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge