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. 8123 of 2011() CRIME NO. 278/2011 THRIKKUNNAPUZHA POLICE STATION ----------------------------- PETITIONER (S): ----------------------- ROY,AGED 26 YEARS S/O VICTOR PALLIKIZHAKKETHIL CHINGOLI MURI, CHINGOLI P.O KARTHIKAPPALLY ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8123 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 first accused in Crime No.278/2011 of Thrikkunnapuzha Police Station for offences under Sections 324, 326, 341and 308 r/w 34 Section 34 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. Having heard either side, it is revealed that the defacto complainant had sustained grevious injuries including fracture of the tooth by assault with wooden stick and cycle wheel. Therefore, 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, who, after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of at the earliest, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk