IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8927 of 2011() ---------------------------------- (CRIME NO.801/2011 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ....... PETITIONER/ACCUSED NO.1 ----------------------------------- VINOD, S/O. VENUGOPALAN NAIR, THOTTARIKATHU VEEDU, MANIKANTESWARAM, VETTIKONAM, THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): COMPLAINANT STATE AND INVESTIGATING OFFICER ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.. 2. THE SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM - 695 001. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8927 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No.801/2011 of Cantonment Police Station for offences under Sections 143, 147, 148, 149, 294(b), 341, 323, 324, 427 and 308 IPC. 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. Having heard either side, 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, who after interrogation, 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 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