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. 9378 of 2011() ----------------------------------------- CRIME NO.72/2002 OF THRISSUR EAST POLICE STATION. .................... PETITIONER/ACCUSED. ----------------------------------- DAMODARAN M, S/O.NARAYANAN N.D, THYCKATTUSSERY P.O., CHERUSSERY, OLLUR, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT. ------------------------------------------ THE SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9378 OF 2011 ----------------------------- Dated this the 24th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 72/2002 of Thrissur East Police Station for offences punishable under Sections 409, 420, 468 and 120B read with 34 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. Having heard either side, it is revealed that the investigation is over and a final report is filed before the Judicial Magistrate of 1st Class-I, Thrissur and it is pending as C.C.No.130/2005 and that since the petitioner didn't respond to the process, non-bailable arrest warrant is pending. I find that, no judicial proceedings can be interdicted by an order under Section 438 of the Code of Criminal Procedure. Therefore, this petition is dismissed with direction to the petitioner to surrender before the trial court and to apply for apply for B.A.No.9378/2011 2 regular bail, which the learned Magistrate shall dispose of on merits, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/25/11