IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8440 of 2011() ----------------------------- (CRIME NO. 793/2011 OF WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT) APPLICANT/ACCUSED No.2 ------------------------------------------- LIJO VARGHESE, AGED 23 YEARS, S/O.VARGHESE, VAZHAPILLY HOUSE, PARLIKKAD P.O., THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, WADAKKANCHERY POLICE STATION. PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. No. 8440 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R This is a petition filed under Section 438 of the Code of Criminal Procedure . Petitioner is the second accused in Crime No. 793 of 2011 of Wadakkanchery Police Station alleging offence under Sections 419 and 420 read with Section 34 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, this application is filed seeking anticipatory bail. 2. A similar application filed by the petitioner before the Sessions Judge, Thrissur was dismissed by Annexure A order. 3. Having heard either side, it did not appear that the case is falsely foisted or that the investigating officer has any intention to torture the petitioner. The learned Sessions Judge had rightly dismissed the application. In the result, this petition is disposed of with a direction to the petitioner to surrender before the investigating officer. The investigating officer shall, after interrogation, produce the petitioner before the B.A. 8440/2011 2 magistrate concerned so as to enable the petitioner to apply for bail, which the learned magistrate shall dispose of as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, (JUDGE) knc/-