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. 9160 of 2011() ---------------------------------- (CRIME NO.1118/2011 OF MATHILAKAM POLICE STATION, TRISSUR DISTRICT) PETITIONER/ACCUSED. ---------------------------- HARIDAS, AGED 42 YEARS, S/O.ACHUTHA VARUYAR, LASKHMI NIVAS, BANK ROAD,KALOOR P.O., ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.P.M.ABDUL JALEEL (KODUNGALLUR) RESPONDENT(S):COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION THROUGH 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: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.9160 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 accused in Crime No.1118/2011 of Mathilakam Police Station for offences punishable under Sections 406 and 420 IPC. 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 case arises out of a monitory transaction. In the normal course, the petitioner would have got regular bail, if applied for. I find no reason to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. 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 before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of, as far as possible on the same day, provided due notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge