IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8519 of 2011() ------------------------------------------- (CRIME NO.864/2011 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .... PETITIONER: ----------------------- SIVANANDAN, S/O.LAKSHMANAN,AGED 47 YEARS, LAKSHMANA BHAVAN,CHERAPPALLY, PARANDODE,NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.B.N.SHIVSANKER RESPONDENT(S): ----------------------------- 1. SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT - PIN 695 542 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031. R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------------- B.A.No.8519 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in Crime No. 864/2011 of Aryanad Police Station for offences punishable under Sections 452, 354, and 427 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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. Having heard either side and having due regard to the nature of the offences alleged, in the event the petitioner had applied for regular bail, the petitioner would have got the same. For best reason known to the petitioner, the petitioner has not applied for regular bail though the offence alleged was committed on 18.9.2011. Therefore, this petition is disposed of with direction to 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. (P.S.GOPINATHAN, JUDGE) ps/25/11