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. 8716 of 2011() ---------------------------------- CRIME NO.355/2011 OF KADIRUR POLICE STATION, KANNUR DISTRICT) .... PETITIONER/2ND ACCUSED: --------------------------------- VIJESH.M.P., S/O.VIJAYAN, AGED 28 YEARS, VASANTHA NIVAS, P.O.PONNIYAM, CHUNDANGAPOIL, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT & STATE: -------------------------------------------------- 1. STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.355/2011 OF KADIRUR POLICE STATION) KADIRUR-670 642, KANNUR DISTRICT.) BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8716 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.355/2011 of Kadirur Police Station for offences punishable under Sections 452, 324, 308 and 427 r/w 34of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondents to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. The learned counsel for the petitioner submitted that the petitioner is ready to surrender and co-operate with the investigation. In the above circumstance, 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 concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, su J UDGE