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. 9163 of 2011() ----------------------------------------- CRIME NO.157/2011 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT .................... PETITIONER/ 4TH ACCUSED. ------------------------------------------- JACOB C.VAZHAKOOTTAM,VAZHAKOOTTAM HOUSE, CHALAMPRAM ESTATE, VILAYOOR P.O., PALGHAT DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT(S): COMPLAINANT AND STATE. --------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL 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.9163 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 4th accused in Crime No.157/2011 of Vellikulangara Police Station, for offences punishable under Sections 457, 380 and 413 r/w 34 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 allegations. 2. The learned Government Pleader submitted that the investigation in the above crime is over and a final report was already submitted before the Judicial Magistrate of the First Class, Chalakudy, where it was numbered as C.C.No.897/2011. Therefore, there is no merit in the statement of the petitioner that he would be arrested and tortured at the hands of the Investigating Officer. Moreover, it is seen that the petitioner moved B.A.No.3516/2011 before this Court and by Annexure A-II order, that petition was disposed of. Therefore, I find no reason to entertain a second petition, for the same relief. In the result, I dismiss this petition with a liberty to the petitioner to apply for regular bail, before the Trial Court. P.S.GOPINATHAN, JUDGE su