IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8718 of 2011() ----------------------------------------- CRIME NO.685/2011 OF HARIPPAD POLICE STATION, ALAPPUZHA DISTRICT. .................. PETITIONER/ACCUSED: ---------------------------------- SUNILKUMAR, AGED 30 YEARS, S/O.SUKUMARAN, KODUVATHU VEETTIL, KARUVATTA VADUKUM MURI, KARUVATTA VILLAGE. BY ADV. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS/COMPLAINANTS: -------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH S.I. OF POLICE, HARIPPAD POLICE STATION. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8718 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.685/2011 of Harippad Police Station for offence punishable under Section 332 IPC. 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. Having heard either side, I find that in an ordinary course, the petitioners would have got regular bail, if applied for, and there is no necessity to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. The offence alleged occurred as early as 11-09-2011. The petitioner has not stated any reason for not applying for regular bail, though, he has got sufficient B.A. NO.8718 OF 2011 2 opportunity to apply. There is also no attempt to arrest the petitioner, so as to persuade the petitioner to rush this court. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of on merits, if possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk