IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 8642 of 2011() ----------------------------- (CRIME NO.331/2011 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT) .................... PETITIONER/1ST ACCUSED ------------------- V.P.YOONUS, S/O.KUTTIMAMMED, PANNIPPARA, EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/ COMPLAINANT & STATE ---------------------------------- 1. THE SUB INSEPCTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT, PIN 676 541. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. PUBLIC PROSECUTOR, SRI.REJI JOSEPH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8642 OF 2011 ----------------------------- Dated this the 8th day of December, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. In pursuance to the order dated 1.12.2011, the petitioner is present. The learned counsel for the petitioner and the learned Government Pleader are heard. 2. The allegation against the petitioner is that while the petitioner illegally transporting sand in a lorry bearing Reg. No.KL-10-Z- 3546 the Police Sub Inspector and party showed signal to stop the vehicle for inspection. Though the vehicle was slowed down responding to the signal, when it reached near the police officers it was accelearated at high speed against the Police Sub Inspector and seeing the vehicle driven at high speed with intend to knock down, the Police Sub Inspector jumped out and in the process the vehicle hit him and sustained injuries. The attempt was to commit culpable homicide. 3. The argument of the learned counsel for the petitioner is that the case was falsely foisted and that the B.A.No.8642/2011 2 allegation being an attempt of culpable homicide of Police Sub Inspector, there is very likelihood of the petitioner being tortured, in the event he is arrested or he surrenders before the Investigating Officer. 4. Having due regard to the nature of the allegations, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. However, the victim being a Police Sub Inspector, I cannot rule out the possibility of the petitioner being tortured in the event he is arrested or surrendered. In the peculiar circumstances of the case, I direct the petitioner to surrender before the Deputy Superintendent of Police, DCRB, Malappuram, who would see that the petitioner is interrogated without any physical torture and that after interrogation he is produced before the Judicial Magistrate of the 1st Class, Manjeri, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits without being trammelled by the observations in Annexure-B order in Crl.M.C.No.1198/2011 of the Sessions Judge, Manjeri or any observation in this order. B.A.No.8642/2011 3 Unless otherwise required, the bail application filed shall be disposed of on the same day, provided due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/08/12