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. 8248 of 2011() ----------------------------------------- CC.186/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA. CRIME NO.667/2007 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT. .................... PETITIONER/3RD ACCUSED: ----------------------------------------- JOMON JACOB, AGED 43YEARS, S/O. JACOB, PICHAPPILLY HOUSE, KADAVOOR P.O., SOUTH PUNNAMATTOM, MUVATTUPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. --------------------------------------- B.A No. 8248 of 2011 --------------------------------------- Dated this the 23rd day of November 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in C.C.No. 186/2009 on the file of the Chief Judicial Magistrate, Thodupuzha alleging offences punishable under Sections 471, 465, 468 and 430 of the IPC. 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 petitioner was absconding and non-bailable warrant is pending against the petitioner. Therefore, I find that no judicial proceedings can be interdicted by order under 438 of Code of Criminal Procedure. In the result the petition is disposed of with a direction to the petitioner to surrender before the trial court and apply for regular bail, which the Magistrate shall dispose of, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) al