IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8098 of 2011() ----------------------------- CRIME NO.1146/2011 OF OCHIRA POLICE STATION, KOLLAM DISTRICT. PETITIONER/ACCUSED ------------------- MANAF @ MANAFUDHEEN, S/O.CHAKKA EBRAHIM, PEEDIKATHARA PADEETHIL, OCHIRA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BYT HE S.I.OF POLICE, OCHIRA POLICE STATION, KOLLAM DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8098 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No. 1146/2011 of Ochira Police Station for offence under Sections 392 and 394 read with 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 they are innocent of the allegations. 2. Having heard either side, it didn't appear that the petitioner was falsely implicated. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is dismissed with liberty to the petitioner to apply for bail, which the court below shall dispose of, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/18/11