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. 9279 of 2011() ---------------------------------- CC.1019/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,TIRUR CRIME NO.600/2004 OF TIRUR POLICE STATION, MALAAPPURAM .................... PETITIONER/3RD ACCUSED -------------------------------- UMMER, S/O.ABDULLA,KAMBRATH HOUSE, MANGALAM AMSOM,P.O.KOOTTAYI, TIRUR TALUK,MALAAPPURAM BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9279 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in CC.No.1019/2010 on the file of the Judicial Magistrate of the First Class, Tirur (Crime No.600/2004 of the Tirur Police Station) for offences punishable under Sections 143, 147, 148, 452, 427 r/w 149 of I.P.C. 2. Having heard either side, it is revealed that non bailable arrest warrant is pending against the petitioner. I find that it is not appropriate to interdict in judicial proceedings through orders under Section 438 of the Code of Criminal Procedure. In the result, I dismiss this petition with direction to the petitioner to appear before the Trial Court and apply for regular bail, which the learned Magistrate shall dispose of on merits at the earliest, provided due notice is given to the Assistant Public Prosecutor. SU P.S.GOPINATHAN, JUDGE