IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 6630 of 2011() ---------------------------------- (CRIME NO.309/2011 OF KANJAR POLICE STATION, IDUKKI) .................... PETITIONER/1ST ACCUSED -------------------------------- MANJU.K.B, W/O. SABU, AGED 32 YEARS, KEELATHU (CHATHAMKUNNEL) HOUSE, KOLAPARA KARA, MUTTOM VILLAGE, THODUPUZHA TALUK. BY ADVS. SRI.THOMAS J.ANAKKALLUNKAL SRI.A.R.VIJAYASUNDARAN SRI. VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.6630 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.309/2011 of Kanjar Police Station for offences punishable under Sections 420 and 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, she moved a petition as Crl.M.C.No.21/2011 before the Court of the Sessions, Thodupuzha, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. The learned Session Judge, by Annexure - I dated 3/8/2011, dismissed the petition. Seeking the same relief, this petition was filed Having heard either side, I find that this is a clear case of inducing defacto complainant to part with money on promise that huge amount would be obtained in return. Therefore, this is not a fit case to invoke jurisdiction under 438 of the Code of Criminal Procedure and the Sessions Judge was right in dismissing of her earlier petition. In the above circumstances, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, shall produce the petitioner before the Magistrate concerned. Su P.S.GOPINATHAN, JUDGE