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. 9572 of 2011() ----------------------------- CRIME NO.449/2011 OF VADAKKEKAD POLICE STATION PETITIONER : ACCUSED : ----------------------- LATHEEF,AGED 40 YEARS, S/O.ABU,KARIYADATH HOUSE,OTTAYINI,AKALAD (P.O), PUNNAYUR VILLAGE,THRISSUR DISTRICT BY ADV. SRI.K.A.SATHEESA BABU RESPONDENTS : --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, THRISSUR DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------------------- Bail Appln.No.9572 of 2011 ---------------------------------------------- Dated this the 16th day of December, 2011 ORDER Petitioner, who is the first accused in Crime No.449 of 2011 of Vadakkekad Police Station, for offences under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code., filed a petition as Crl.M.C.No.1481 of 2011 before the Sessions Court, Thrissur 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 the petitioner was falsely implicated. By Annexure-II order, the learned Sessions Judge dismissed the application. Seeking the same relief, this petition is filed. 2. Having heard either side and going through the averments in the F.I. Statement it is seen that the de facto complainant was assaulted by the petitioner with an iron pipe at his head and sustained serious injuries. Therefore, prima facie it appears that the petitioner was not falsely implicated. In the above circumstance, I find that the Sessions Judge had rightly dismissed the petition and that this is not a fit case to Bail Appln.No.9572/2011 : 2 : 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 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, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE skj True copy P.A. to Judge