IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 8308 of 2011(C) ----------------------------------------- [CRIME NO.1998/11 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT] .................... PETITIONER/1ST ACCUSED: ----------------------------------------- 1. NOUFAL, S/O.SHAJAHAN, KULATHINTETHEKKATHIL, MUZHANGODI, THODIYOOR P.O.,KARUNAGAPPALLY, KOLLAMD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.T.GOPALAKRISHNAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.8308 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the Ist accused in Crime No.1998/2011 of Karunagappally Police Station for offences punishable under Sections 323 and 307 r/w.34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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. The petitioner earlier filed a petition, B.A.No.7290/2011. That petition was dismissed by another learned Judge. Now, this is the second petition. Having heard either side, I find no reason to have a divergent order from the one in the earlier petition. Therefore, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, 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, preferably on the same day, provided, due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su