IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9138 of 2011(B) ------------------------------------------ [CRIME NO.834/2011 OF VAIKOM POLICE STATION IN KOTTAYAM DISTRICT] ................ PETITIONER/2ND ACCUSED: ----------------------------------------- SARATH @ SARAN, AGED 24 YEARS, S/O.MANU, PUNNAPPUZHI HOUSE, EDAYAZHAM, VECHOOR, VAIKOM. BY ADV. SRI.SURIN GEORGE IPE. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY A.D.G.P SRI. TOM JOSE PADINJAREKKARA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.9138 of 2011 ------------------------------------ Dated this the 29th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.834/2011 of Vaikom Police Station for offences punishable under Sections 143, 144, 147, 148, 341, 294(b), 324 and 308 of I.P.C. R/w. Section 149 I.P.C. Apprehending arrest, detention and torture at the hands of Investigating Officer, petitioner moved Crl.M.P.3278/2011 before the Sessions Judge, Kottayam, who by Annexure I, dismissed the petition. Now this petition, seeking same relief. 2. The learned counsel appearing for the petitioner as well as the Additional Director General of Prosecution is heard and perused the records. The learned counsel appering for the petitioner had taken me through the First Information Statement. It is seen that the defacto complainant had sustained injuries at head, shoulder, belly and hand. The attempt to comit culpable homicide with deadly weapon is revealed out. Therefore, I find that the Sessions Judge had correctly declined the relief sought for. I find no reason to arrive at a divergent conclusion. B.A.No.9138 of 2011 2 In the result, I dispose of this petition with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, 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 on merits, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN JUDGE SU