IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 6567 of 2011() ------------------------------------------ CRIME NO.460/2011 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE --------------------------- PETITIONER/ACCUSED NO.2 ------------------------------------------- N.UDAYAKUMAR, AGED 43 YEARS, S/O. CHINNAN, CASABLANCA APARTMENT, FLAT NO.503, KASBA AMSOM, CHALAPPURAM.P.O., KOZHIKODE-673 002. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): STATE -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------- B.A. NO.6567 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.460/2011 of Medical College Police Station, Kozhikode for offence under Sction 420 IPC. 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. 2. An earlier application (Bail Application No.5819/2011) seeking same relief was dismissed by order dated 29-07-2011. Therefore, I find no good reason to entertain a second application. In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose on merits, pereferably on the same day, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk