IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9152 of 2011() ---------------------------------- (CRIME NO.843/2011 PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT) .... PETITIONER/2ND ACCUSED --------------------------------- VISHNU, S/O.MOHANAN, KAVINTAYYATHU COLONIYIL, VAZHAMUTTAM MURIYIL, VAZHAMUTTAM VALLICODU VILLAGE, PATHANAMTHITTA. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): STATE ----------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. 2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT - 01. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9152 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.843/2011 of Pathanamthitta Police Station for offences under Sections 447, 294(b) and 326 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation 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. Having heard either side, I find that this is a case in which the petitioner along with his father trespassed in to the courtyard of the house of the defacto complainant, a lady and was assaulted by beating with stick and caused to sustain grevious injury. I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, 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