IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8998 of 2011() ------------------------------------------ OS.231/2010 of MUNSIFF COURT,KAYAMKULAM CRIME NO.1097/2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT .................... PETITIONERS/ACCUSED --------------------------------------- BIJU,AGED 20 YEARS,S/O.BABU, 'BIJU BHAVANAM',PUTHUPPALLY VADAKKE KOCHUMARI, PUTHUPPALLY,KAYAMKULAM,ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J. --------------------------------------- B.A No. 8998 of 2011 --------------------------------------- Dated this the 23rd day of November 2011. O R D E R Petitioner is the 2nd accused in crime No. 947/2011 of Kayamkulam Police Station alleging offences punishable under sections 447 and 438 IPC. 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 it is revealed that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as it does not appear that the petitioner was falsely implicated. 3.In the above circumstances, the writ petition is disposed of with direction directing the petitioner to appear before the Investigating Officer. The Investigating Officer shall after interrogation, with or without arrest, produce the petitioner before the Judicial Magistrate having jurisdiction so as to enable the petitioner to apply for regular bail. The learned Magistrate shall dispose of the bail application on merits as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) al