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. 8656 of 2011() ----------------------------- CRMP.3326/2011 IN CP.NO.302/11 of DISTRICT COURT, KASARAGOD. CRIME NO.106/2011 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT. .................... PETITIONER/ACCUSED NO.11: --------------------------------------------- YUSAF, AGED 58 YEARS, S/O.IBRAHIM, R/AT THOTTAM HOUSE, CHINNAMUGAR, HEROOR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER KUMBLA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8656 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R The petitioner is the 11th accused in Crime No.106/2011 of Kumbla Police Station for offences under Sections 143, 147, 148, 447, 323, 324 and 307 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks 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 taking cognizance on the final report, the learned Magistrate had issued a non bailable warrant. In the above circumstance, I find that it is not appropriate interdict in the judicial process by orders 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 committal Court and shall apply for regular bail, which the learned Magistrate shall dispose of on merit, as far as possible, on the same day, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk