IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8257 of 2011(D) ------------------------------------------ [CRIME NO.578/2011 OF KONNY POLICE STATION OF PATHANAMTHITTA DISTRICT] ................... PETITIONER/SOLE ACCUSED: ------------------------------------------- ANI, 4 CENT COLONY, KAITHAKKARA, V KOTTAYAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE. RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROCECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. THE SUB INSPECTOR OF POLICE, KONNY POLICE STATION, PATHANAMTHITTA DISTRICT- 689 645. R1 & R2 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J. ---------------------------- B.A.No.8257 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the sole accused in Crime No. 578/2011 of Konny Police Station for offences punishable under Sections 294(b), 324 and 326 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 revealed that the defacto complainant has sustained fracture at the nasal bone and his son-in-law was also assaulted and sustained injuries. 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. 3. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating B.A.No.8257/2011 2 Officer. The Investigating Officer, after interrogation, with or without arrest and recovery, if any, shall 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/30/11