IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8013 of 2011(D) --------------------------------------- CRIME NO.443/2011 OF PAYANGADI POLICE STATION, KANNUR DISTRICT. PETITIONER/ACCUSED : ------------------------------------ MOIDEENKUTTY, S/O.MUHAMMED KUNHI, AGED 28 YEARS, CHAPPAN HOUSE, NEAR SIDDIQUE MASJID, TALIPARAMBA.P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT/COMPLAINANT : ---------------------------------------------- STATE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O., PAYANGADI POLICE STATION, KANNUR DISTRICT. BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8013 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioner is the accused in Crime No.443/2011 of Payangadi Police station, Kannur for the offences under Sections 366 and 376 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest. 2. Having heard either side, I find that the acquisition made against the petitioner is on sufficient grounds and that this is not a fit case in invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. In the result this petition is dismissed with liberty to the petitioner to apply for regular bail. The petitioner is also at liberty to surrender before the investigating officer P.S.GOPINATHAN, JUDGE amk