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. 10023 of 2011(A) ------------------------------ CRIME NO.221/2011 OF VALAYAM POLICE STATION, KOZHIKODE. PETITIONER/ACCUSED (S): -------------------------------------- SAHAD K.K., S/O.ABDULLA, AGED 23 YEARS, KARIYAKKUNIYIL HOUSE, VALAYAM AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S)/COMPLAINANT: -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10023 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petitioner is the third accused in Crime No.221/2011 of Valayam Police Station for offences under Sections 143, 147, 148, 324, 307 and 153-A r/w Section 149 IPC. Apprehending arrest, detention and torture at the hands of the Investigation Officer, this petition is filed under Section 438 of the Code of 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 weapon used is an iron rod and a sword and that the defacto complainant has sustained grevious injuries at head. In the above circumstance, 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 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, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk