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. 7906 of 2011(E) ----------------------------- (SC.319/2007 of ADDL.DISTRICT COURT(ADCHOC)-FAST TRACK II, PATHANAMTHITTA) (CRIME NO. 171/2004 OF PATHANAMTHITTA POLICE STATION) .................... PETITIONERS/3RD ACCUSED ----------------------- ABDUL RAHIM, AGED 49 YEARS, S/O. IBRAHIM RAWTHER, RAHMATH MANZIL, WARD NO.VI, MYLAPRA VILLAGE & PANCHAYATH, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/ COMPLAINANT/STATE -------------------------------- 1. THE S.I. OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P P.S.GOPINATHAN, J. ---------------------------- B.A.No.7906 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 3rd accused in S.C.No.61/2011 on the file of the Additional District and Sessions Judge (Ad-hoc), Pathanamthitta. It is a case split up from the S.C. 319/2007 for offences punishable under Sections 307, 394 and 120B I.P.C. 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. The learned Public Prosecutor submitted that arrest warrant issued from the trial court is pending against the petitioner, who was absconding. I find that, no judicial proceedings can be interdicted by invoking jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, this petition is disposed of with direction to the petitioner to appear before the trial court and apply for regular bail, which the learned Additional Sessions Judge shall dispose of, as far as B.A.No.7906/2011 2 possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. The learned Additional Sessions Judge, while disposing the application for bail, shall consider Annexure-1 judgment also, provided, copy is provided by the petitioner. (P.S.GOPINATHAN, JUDGE) ps/23/11