IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8978 of 2011() ------------------------------------------ (CRIME NO.65/2009 OF OCHIRA POLICE STATION, KOLLAM DISTRICT) .... PETITIONER/6TH ACCUSED: ------------------------------------------ MUSTAFA, S/O.ABDUL SALAM, VELOORPADEETTATHIL, OCHIRA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT. BY ADVS. SRI.JESWIN P.VARGHESE, SRI.BIJO THOMAS GEORGE. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, OCHIRA POLICE STATION, KOLLAM DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8978 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 6th accused in Crime No.65/2011 of Ochira Police Station for offences under Sections 489-B and 489-C of IPC. Apprehending, arrest, detention and torture at the hands of the Investigation 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, I find that the petitioner is the prime accused in this case and this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. According to the learned counsel for the petitioner, on an earlier occasion petitioner was summoned to the police station and he was interrogated and released. If that be the position, there is no basis in the present apprehension that he would be tortured by the Investigating Officer, because if the Investigating Officer had any bad motive, the petitioner could have been tortured then. Having due regard to the nature of the crime alleged, I find that interrogation of the petitioner could no way be avoided. 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 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge