IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 6505 of 2011() CRIME NO. 1208/11 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT ----------------------------- PETITIONER/ACCUSED --------------------------------- SANTHOSH SASIDHARAN, S/O. SASIDHARAN,AGED 28 YEARS PATTATHIL PADINJARETHARA, ARYANAD NORTH PO, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI. C. A. CHACKO RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE ANGAMALY POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 6505 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Apprehending arrest, detention and torture for a non bailable offence at the hands of the Sub Inspector of Police, Angamali in a case, which is not known to the petitioner, 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 Public Prosecutor, after taking instruction submitted that a case as Crime No.1208/2011 for offences punishable under Section 468, 420 and 471 r/w Section 34 IPC was registered against the petitioner and two others for inducing the defacto complainant and 20 others to part with money and that from the defacto complainant, the petitioner and two others had thus obtained a sum of Rs.60,000/-. The case was registered on sufficient materials. Having due regard to the nature of the offence, I find 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 disposed of with direction to the petitioner to surrender before the Investigating officer . The Investigating Officer after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk