IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2538 of 2009() ----------------------------- CMC.567/2009 of D.C. & SESSIONS COURT,KOZHIKODE (CRIME NO.206 OF 2009 KUNNAMANGALAM POLICE STATION, KOZHI) .................... PETITIONER/ACCUSED: ----------------------- KUNJIMUHAMMED.N.K,S/O.MOIDEEN,AGED 37 YEARS,ALUMKANDIYIL,PULLAVOOR,R.E.C,KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,KUNNAMANGALAM POLICE STATION,KOZHIKODE,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.K.MEERA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.05.2009,THE COURT ON 21.05.2009 PASSED THE FOLLOWING: SPC P.S.GOPINATHAN, J. ====================================== B.A.No.2538 of 2008 ====================================== Dated this the 21st day of May 2009 ORDER Petitioner is the accused in Crime No.206/2009 of Kunnamangalam Police Station for the offences under Sections 452 and 354 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, the petitioner approached the Sessions Judge, Kozhikode for an order under Section 438 of the Code of Criminal Procedure. By Annexure-A1 order dated 29.4.2009, the request was rejected and the petitioner was directed to surrender before the investigating officer or to apply for regular bail. Now this petition. 2. The learned Public Prosecutor strongly opposed the petition. 3. Having heard either side, it appears that at 6 p.m. on 14.4.2009, the petitioner had gone to the house of the de facto complainant and molested her. The case was originally registered for an offence under Section 354 IPC which is admittedly bailable. Later Section 452 IPC which is non-bailable was added. Going through the report furnished by the investigating officer, it is doubtful as to whether there are materials to add Section 452 IPC or whether Section 448 IPC is the appropriate Section. However, it is B.A.No.2538/2009 2 too early to ad-judge as to what offence the petitioner had committed. 4. Having due regard to the nature of the allegation, I find that the learned Sessions Judge had rightly declined the request of the petitioner for similar relief. The direction by the learned Sessions Judge to the petitioner to surrender before the investigating officer is quite appropriate. In the result, this petition is disposed of with a direction to the petitioner to surrender before the investigating officer at 10 a.m. on 28.5.2009. The investigating officer shall interrogate the petitioner on the same day and shall be produced before the Magistrate concerned who shall dispose of the bail application of the petitioner, as far as possible, on the same day itself. P.S.GOPINATHAN, JUDGE css/