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. 10127 of 2011() ------------------------------ (CRIME NO. 1114/2011 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM) .................... PETITIONER/5TH ACCUSED ------------------------------------------ ERIC,S/O.VELTHAZHAR,AGED 42 YEARS, ERIC SADANAM,NADUVILAKKARA,PULLICHIRA.P.O, KOLLAM DISTRICT. BY ADV. SRI.P.V.ANIL RESPONDENT / COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. BY PUBLIC PROSECUTOR, SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION WITH B.A.NO.10128/2011 AND B.A.NO.10135/2011 ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU P.S.GOPINATHAN, J ---------------------------------- B.A.No.10127 of 2011 & B.A.No.10128 of 2011 & B.A.No.10135 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER These petitions are filed by a common petitioner. He is one of the accused in Crime No.955/2011, 776/2011 and 1114/2011. The first two cases are registered by the Station House Officer Peroorkada and the other case is registered by the Station House Officer, Thampanoor. In all the cases offences alleged are under Sections 419 , 420, 465, 468 and 471 r/w. Section 34 of I.P.C. Apprehending arrest , detention and torture at the hands of the Investigating Officers, he moved Crl.M.C.No.2256/2011,Crl.M.C.No.2245/2011 and Crl.M.C.No.2255/2011 under Section 438 of the Code of the Criminal Procedure, before the Sessions Judge, Thiruvananthapuram, who by Annexure A-1 orders dismissed the petitions. Seeking the same relief, these petitions are filed. 2. Having heard either side, it is revealed that the petitioner along with other accused induced the defacto complainant to part with huge amounts, namely Rs.8,00,000/- each in Crime Nos.776/2011 and 1114/2011 and Rs.2,50,00,000/- in Crime No.955/2011 under the shade of a magic pot. The cases are registered on sufficient materials. Therefore, I find that learned Sessions Judge is correct in dismissing B.A.No.10127 of 2011 & C.B.As 2 the applications preferred by the petitioner and I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. In the result, these petitions are disposed of with direction 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 the petitioner to apply for regular bail, which the Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su