IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8665 of 2011() ------------------------------------------ (CRIME NO.508/11 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .................... PETITIONER/ACCUSED -------------------------------------- AJEER, S/O.ABOOBAKER, PLAVILAKKUNNU PUTHEN VEEDU, PADAVANCODE, VILAPPILSALA.P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): ----------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------------- B.A.No.8665 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 508/2011 of Vilappilsala Police Station for offences punishable under Sections 324 and 308 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, he filed a similar petition before the Sessions Judge, Thiruvananthapuram, who by Annexure- A1 order dismissed the petition. Now this petition. 2. Having heard either side, I find that, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as it is a case of grievous assault as observed by the Sessions Judge. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable him to apply for regular bail, which the 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) ps/23/11