IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9221 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8108/2011 Dated 19/10/2011 CRIME NO.441/2011 KOLAVALLUR POLICE STATION, KANNUR DISTRICT .................... PETITIONER/2ND ACCUSED --------------------------------- M.RAJEEVAN, S/O.ANANDAN, AGED 37 YEARS, BUSINESS, THIRUVODAN PARAMBATH, EAST VALLIYAYI, MOKERI AMSOM VALLIYAYI DESOM, P.O.MUTHIYANGA, KANNUR DISTRICT. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REPRESENTING BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9221 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No. 441/2011 of Kolavallur Police Station for offences punishable under Sections 4 and 5 of the Explosive Substances Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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. Annexure-A1 order would show that the petitioner had earlier approached this Court by Bail Application No.8108/2011 and it was dismissed by order dated 19.10.2011. I find no reason to have a divergent conclusion. 3. In the result, this petition is dismissed with liberty 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 him B.A.No.9221/2011 2 to apply for regular bail, which the 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) ps/29/11