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. 8870 of 2011() ----------------------------------------- CRIME NO.454/2011 OF PEERMADE POLICE STATION, IDUKKI DISTRICT. .................... PETITIONER/2ND ACCUSED ------------------------------------------ MAJESH @ KUNJU, S/O.DEVARAJAN, PUNNAKKUZHIYIL HOUSE, KOTTAMALA, VAGAMAN. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEERMADE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8870 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.454/2011 of Peermade Police Station for offence punishable under Section 394 r/w Section 34 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegation. 2. Having heard either side, it is revealed that the petitioner along with the first accused had committed robbery of Rs.28,000/- and gold chain weighing two sovereigns at about 3.pm on 14/8/2011, after inflicting injuries on the defacto complainant at his face with stone. It does not appear that the petitioner was falsely implicated. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. The learned counsel for the petitioner submitted that the petitioner is prepared to co- operate with the investigation. In the result, this petition is disposed of, with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. su P.S.GOPINATHAN,JUDGE