IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9133 of 2011() ----------------------------- CRIME NO.671/2008 OF KODUNGALLUR POLICE STATION. LPR.101/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR, THRISSUR DISTRICT. .................... PETITIONERS/FIRST ACCUSED ---------------------------------------------- AJITH, S/O.MOHANAN, THEKKOOT HOUSE, THIRUVALLOOR DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.ONEAL SABU. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9133 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.671/2011 of Kodungallur Police Station for offences punishable under Sections 143, 147, 148, 188 and 332 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners seek 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 investigation is over and final report is pending before the JFCM-I, Kodungallur. The petitioner, who is the first accused is absconding. Subsequently, the case was split up and transferred to L.P.Registerand that non bailable arrest warrant is pending against the petitioner. I find that no judicial proceeding can be interdicted by an order under Section 438 of the Code of Criminal Procedure. B.A. NO. 9133 OF 2011 2 In the result, this petition is dismissed with liberty to the petitioner to appear before the trial Court and apply for bail, which the Magistrate shall dispose of on merits, as far as possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk