IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 9777 OF 2011() ----------------------------- (CRIME NO. 644/2011 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DIST.) PETITIONER/2ND ACCUSED --------------------------------------- REJI.K,S/O.PERAVAN,KALLIDUMBIL HOUSE, PUVVATTUPARAMBA.P.O,MUNDAKKAL,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT --------------------------------------------- THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION,REP;BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. K.K. RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 9777 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF DECEMBER, 2011. O R D E R Petitioner is the accused in Crime No. 644 of 2011 of Kunnamangalam Police Station alleging offences punishable under Sections 323, 326 and 307 read with Section 34 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the investigating officer, this application is filed seeking an order to release him on bail in the event of arrest. Though the petitioner moved the Sessions Court, Kozhikode seeking the same relief through Crl. M.C. 1507/2011, the learned Sessions Judge dismissed the said application as per Annexure-4 order dated 18.11.2011. Now this petition. 2. Having heard either side, it is revealed that the weapon of offence is a metal latch and that the defacto complainant had sustained fracture of frontal bone. Therefore, I find that this is not a fit case to invoke the jurisdiction of this Court under Section 438 of the Code of Criminal Procedure. B.A. 9777/2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the investigating officer, who, after interrogation and recovery, if any, shall produce the petitioner before the magistrate so as to enable him to apply for bail, which the learned magistrate shall dispose of on merits as far as possible on the sane day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, (JUDGE) knc/-