IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8056 of 2011() ----------------------------- CRIME REGISTERED AGAINST THE PETITIONER BY THE KOYIPURAM POLICE STATION, PATHANAMTHITTA) --------- PETITIONER/ACCUSED ------------------------------ THOMAS GEORGE, PROPRIETOR, MODI BUILDERS, KUMBANAD P.O., VELLIKARA EAST, THIRUVALLA, PATHANAMTHITTA. BY ADVS. SRI.LIJU.V.STEPHEN SRI.EBY AUGUSTINE SMT.INDU SUSAN JACOB RESPONDENTS/COMPLAINANT -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLI PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN 682 031 2. SUPERINTENDENT OF POLICE, POLICE OFFICE, PATHANAMTHITTA. PIN 689641 3. SUB INSPECTOR OF POLICE, KOYIPURAM POLICE STATION, PATHANAMTHITTA. PIN 689641 BY PUBLIC PRSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COMEMUP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.8056 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petitioner, anticipating arrest in a case for offence under Section 420 I.P.C. has come with the petition under Section 438 of the Code of Criminal Procedure seeking an order directing the respondents to release the petitioner on bail in the even of arrest. The learned Public Prosecutor submitted that a case as Crime No.431/2011 of Koyipuram Police Station, Pathanamthitta was registered against the petitioner for offence under Section 420 of I.P.C. On the basis of a complaint, which was forwarded to the Police under Section 15(3) of Code of Criminal Procedure. Having heard either side, I find that the defence is that the case arose out of a construction contract. However, there is nothing revealed to show that the Investigating Officer has gone out of way so as to persuade the petitioner to rush to this Court with this petition, that B.A.No.8056 of 2011 2 too without ascertaining as to whether a case was registered or not. Offence being under Section 420 IPC, in the normal course, the petitioner would have got regular bail, if applied before the Magistrate concerned. The crime was registered as early on 21/9/2011. The petitioner had also got sufficient time to apply for regular bail but not resorted to for reasons known to the petitioner. In the above circumstances, I dispose this petition with direction to the petitioner to apply for regular bail. P.S.GOPINATHAN, JUDGE su