IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8044 of 2011() CRIME NO. 512/2011 OF PALA POLICE STATION, KOTTAYAM DISTRICT ----------------------------- PETITIONER/ACCUSED ---------------------------------- MANOJ, ELAVUMKAL HOUSE, NELLANIKKATTUPARA, VALAVOOR, PALA, KOTTAYAM DISTRICT. BY ADVS. SRI. S. PRASANTH SRI. JAGADEESH LAKSHMAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (CR.NO.512 OF 2011 OF PALA POLICE STATION). BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8044 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.512/2011 of Maragattupally Police Station for the offences under Sections 143, 147, 148, 452, 294(b), 323, 324. 326, 341 and 427 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating 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. It is seen that the first accused, though moved this court through Bail Application No.7179/2011 seeking the same relief, it was declined and he was directed to surrender before the Investigating Officer. Having due regard to the gravity and 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, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, with or without arrest and recovery if any, shall produce the petitioner before the Magistrate concerned,so as to enable him to apply for regular bail, which the learned Magistrate shall dispose of on merit, as far as possible, on the same day, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk