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. 8537 of 2011() ---------------------------------- CRIME NO.1481/2011 OF PANANGADU POLICE STATION, ERNAKULAM DISTRICT) .................... PETITIONER/ACCUSED NO.3 ---------------------------------- SATHEESAN AGED ABOUT 45, S/O. RAMAKRISHNA PILLAI, PANCHAVADI, CHAMBAKKARA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PANANGADU POLICE STATION (CRIME 1481/11 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: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8537 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.1481/2011 of Panangadu Police Station for offences punishable under Sections 143, 144, 147, 148, 341, 323, 324, 427 and 308 of I.P.C. Apprehending arrest, detention and torture at the hands of Investigating Officer, petitioner seeks an order directing the respondent to release him on bail with a plea that he is innocent of the allegations. 2. Having heard either side, it is revealed that the petitioner is a convict for an offence under Section 302 I.P.C and that the offence now alleged is based upon sufficient materials. In the above circumstance, I find that, this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. The learned counsel appearing for the petitioner submitted that the petitioner is ready to surrender before the Investigating Officer. In the result, I dispose of this petition with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail,which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. SU P.S.GOPINATHAN, JUDGE