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. 8995 of 2011() --------------------------------------- CRIME NO.1402/2011 OF KUNDARA POLICE STATION ........... PETITIONER/ ACCUSED ------------------------------------ JOSEPH N @ LELAM SAJI, S/O.NEPOLEAN,AGED 38, S.S. VILLA,PADAPPUKKARA P.O, MULAVANA VIA KOLLAM. BY ADV. SRI.JOSEPH SEBASTIAN (KOLLAM) RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, KUNDARA 691 501 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 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. 8995 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. Petitioner alleges that he is an identifiable accused in Crime No.1402/2011 of Kundara Police Station for offence punishable under Section 395 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. Today, when the petition came up for hearing, the learned counsel for the petitioner submitted that the named accused surrendered before the Investigating Officer and they were released on bail on the same day. The petitioner is also prepared to surrender before the Investigating Officer. B.A. NO. 8995 OF 2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer who after interrogation, with or without arrest and medical examination, if any, shall produce the petitioner 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 Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk