IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8490 of 2011() ------------------------------------------ CRIME NO.414/2011 OF NADAPURAM POLICE STATION --------------------------- PETITIONER/ACCUSED -------------------------------------- AFSAL T.S., S/O. HAMSA, KUTTAMKANDIYIL, KUMMANKODE, NADAPURAM, VATAKARA. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J. ---------------------------- B.A.No.8490 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 414/2011 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 308 and 153(A) read with 149 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 allegations. . 2. Having heard either side, it is seen that the petitioner is involved in three other cases of identical nature. Therefore, I find that this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. 3. 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 B.A.No.8490/2011 2 produce the petitioner before the Magistrate concerned, so as to enable him 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) ps/29/11