IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8967 of 2011() ----------------------------------------- CRIME NO.1166/2011 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. .................... APPLICANT/ACCUSED ---------------------------------- SHAN, AGED 25 YEARS,. S/O. REGHU, VAYALIL PUTHEN VEEDU, DARSHANA NAGAR 121, AYATHIL. P.O, KOLLAM. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.VIPIN NARAYAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, ERAVIPURAM POLICE STATION. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8967 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1166/2011 of Eravipuram Police Station for offence punishable under Sections 366 A and 376 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioner moved a petition under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Kollam, who by Annexure A order, dismissed the same. Now, this second attempt. 2. Having heard either side, I find that the petitioner was not falsely implicated. Therefore, with due regard to the nature of the offence, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, I dismiss this petition with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, and after medical examination, shall produce the petitioner before the Committal Court to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su