IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 7539 of 2011() ---------------------------------- (CRIME NO.98/2011 AGALI POLICE STATION, PALAKKAD) ... PETITIONER/ACCUSED ---------------------------- SIVAKUMAR,S/O.KAKKI, OSSATHIYUR MURI,THAVALAM PO, PALAKKAD DISTRICT. BY ADVS. SRI.AJITH MURALI SRI.S.KRISHNALAL SRI.P.ABANI RESPONDENT(S): -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.7539 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.98/2011 of Agali Police Station for offence punishable under Section 376 of I.P.C. Apprehending arrest, detention and torture at the hands of Investigating Officer, petitioner seeks an order directing the respondent to release him 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 addition to the offence under Section 376 of I.P.C, there is allegation of committing offence under Section 366(a) of the I.P.C. It is also submitted by the Govt. Pleader that as a result of the rape committed, the minor girl has become pregnant. Taking into account of the nature of the offence, 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, I dispose of this petition 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 regular bail,which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. SU P.S.GOPINATHAN, JUDGE