IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN FRIDAY, THE 30TH DAY OF DECEMBER 2011/9TH POUSHA 1933 BA.No. 9742 of 2011 ( ) AGAINST THE ORDER/JUDGMENT IN BA.6338/2011 DATED 22-08-2011 (CRIME NO.213/2011 OF PUTHENCRUZ POLICE STATION, ERNAKULAM DISTRICT) ............................................. PETITIONER/ ACCUSED NO.5 1 A.S.RAMESH, AGED 48 YEARS, S/O. SIVASANKARAN NAIR AKKATTU SRIVIHAR KAITHAKKADU KARA PATTIMATTO.P.O ERNAKULAM DISTRICT. BY ADVS.SRI.C.T.SOMAN SRI.JINEESH RESPONDENT/ COMPLAINANT 1. STATE OF KERALA (D.Y.S.P OF POLICE, MUVATTUPUZHA) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY SRI.P.S.ABDUL KAREEM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM P.S.GOPINATHAN, J ---------------------------- B.A. NO.9742 OF 2011 -------------------------- Dated this the 30th day of December, 2011. O R D E R The petitioner, who is the fifth accused in Crime No.213/2011 of Puthencruz Police Station for offences punishable under Sections 461, 411 and 381 r/w Section 34 IPC , apprehending arrest, detention and torture at the hands of the Investigating Officer, filed this petition seeking an order directing the respondent to release the petitioner on bail in the event of arrest. 2. Having heard either side, I find that the petitioner was not originally arrayed as an accused that later he was arrayed as accused on sufficient allegations. It does not appear that the petitioner was falsely implicated. With due regard to the nature of the crime, I find that the submission of the respondent that interrogation of the petitioner is required for the purpose of investigation has merit. In the above circumstance, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge