IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 7353 of 2011() ---------------------------------------- CRIME NO.915/2011 OF CHAVARA POLICE STATION, KOLLAM DISTRICT ......... PETITIONER/ACCUSED -------------------------------------- SUNIL, S/O.SOMARAJAN, ALTHARA VADAKKATHIL, 3, VADAKKUMTHALA KIZHAKKU, PANMANA PANCHAYATH. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.7353 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.915/2011 of Chavara Police Station for offences punishable under Sections 354 IPC and Section 67 (A) of the Information Technology Act, 2000. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks as 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 taken photograph of the defacto complainant, who was a dance student of the petitioner and has sent to various persons through mobile phone and that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer. The investigating Officer, after interrogation, with or with out arrest shall produce before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk