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. 10116 of 2011 --------------------------------------- (CRIME NO.1030/2011 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT) .................. PETITIONER/ACCUSED: ---------------------------------- SAJU, YEMILI BHAVAN, E.R.A. NAGAR-95, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.10116 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER Petitioner, who is the accused in Crime No.1030/2011 of Eravipuram Police Station for offences punishable under Sections 427 and 326 of I.P.C, has filed this petition under Section 438 of the Code of the 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. Having heard either side, it is revealed that the defacto complainant was assaulted with a stick while he was riding a motor cycle and defacto complainant had sustained grievous injuries in addition to the damages caused to the motor cycle and an earlier petition as Bail Application No.8544/2011 was withdrawn. I find no reason to entertain a second petition. In the above circumstance, 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 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 su