IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 8654 of 2011() ---------------------------------------- CRIME NO.1028/2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA. ................... PETITIONER/ACCUSED ----------------------------------- SANU. K.A., AGED 30 YEARS, S/O.ABDUL RAHMAN KUNJU, VALAKKODU VADAKKATHIL HOUSE, ERUVA MURI, PATHIYOOR VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.8654 OF 2011 ----------------------------- Dated this the 24th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the sole accused in Crime No. 1028/2011 of Kaayamkulam Police Station for offences punishable under Sections 341, 323, 324 and 307 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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. At the time of argument, it is submitted that the petitioner is the 4th accused. Having heard either side, I find that, this is a case in which the defacto complainant was stabbed with a deadly knife at the vital part, namely, the abdoman. It is clear case of attempt to commit murder. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A.No.8654/2011 2 3. 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 Judicial Magistrate of the First Class, Kayamkulam, 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. The petitioner is also at liberty to surrender before the Magistrate having jurisdiction. (P.S.GOPINATHAN, JUDGE) ps/26/11