IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10319 of 2011() ------------------------------ CRIME NO.1213/2011 OF ERAVIPURAM POLICE STATION, KOLLAM ------------- PETITIONER (S): -------------------- AJU SIVADASAN, 'DHANYA', THAZHUTHALA, KOLLAM. BY ADV. SRI.P.SANKARANKUTTY NAIR SRI.K.SANDESH RAJA KUM.VIDYA MENON RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE ERAVIPURAM PIN 691 011. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10319 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petitioner, who is the accused in Crime No.1213/2011 of Eravipuram Police Station for offence under Section 420 r/w Section 34 IPC. Apprehending arrest, detention and torture at the hands of the Investigation Officer, this petition is filed under Section 438 of the Code of Criminal Procedure, 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 Govt. Pleader after taking instruction would submit that the petitioner had deceived so many persons that the total amount involved is more than Rs.23,00,000/-(Rupees Twenty Three Lakhs only). 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. B.A. NO. 10319 OF 2011 2 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 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge