IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9175 of 2011() ------------------------------------------- (CRIME NO.625/2011 OF POTHENCODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ..................... PETITIONER/ACCUSED NO.4: -------------------------------------------- DILEEP, S/O.DEVAN, AGED 27, THADATHARIKATHU VEEDU, KAVUVILA, KATTAIKONAM.P.O. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.9175 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 4th accused in Crime No.625/2011 of Pothencodu Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324, 308 and 427 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that he is innocent of the allegations. 2.Having heard either side, I find that the weapon used is hatchet and that there is fracture of the ulna of the defacto complainant and two others were also injured. It does not appear that the this case is falsely foisted. I find that this is not a fit case to invoke 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. P.S.GOPINATHAN, su JUDGE