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. 9334 of 2011() ----------------------------- CRIME NO. 876/2011 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT -------------------------------------- PETITIONER/A1 ---------------------- SHAMEER KHAN, AGED 25 YEARS, S/O.AYOOB KHAN, BAPPU HOUSE, TC 4/1441(3) C.V.R.A-12,KOWDIAR, THIRUVANANTHAPURAM BY ADV. SRI.R.GOPAN RESPONDENT/STATE ------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM DIST. REP.THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD P.S.GOPINATHAN, J. ---------------------------- B.A.No.9334 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 1st accused in Crime No. 876/2011 of Thampanoor Police Station for offences punishable under Sections 120B, 403, 408, 477(A) and 418 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioner filed Crl.M.C.No. 1729/2011 before the Sessions Judge, Thiruvananthapuram seeking an order directing the investigating officer to release the petitioner on bail. By Annexure-A1 order dated 11.10.2011, that petition was dismissed. Now this petition. 2. Having heard either side, I find that this is a clear case of breach of trust amounting to lakhs of rupees as rightly observed by the learned Sessions Judge in Annexure-A1 order. I fully agree with the learned Sessions Judge that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is disposed of with direction to the petitioner to surrender before the Investigating B.A.No.9334/2011 2 Officer. The Investigating Officer, after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned, so as to enable him 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. (P.S.GOPINATHAN, JUDGE) ps/25/11