IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8636 of 2011() ----------------------------- LP 2/1991 of JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKKOM) ( CC.49/1990 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKKOM) (CRIME NO. 118 OF 1989 OF KADUTHURUTHY POLICE STATIO9N, KOTTAYAM DISTRICT) PETITIONER/ACCUSED ---------------------------------- JIMMY JOSEPH @ OUSEPH, AGED 44 YEARS, S/O. OUSEPH, HAVING PERMANENT RESIDENT AT NELLIKKUNNEL HOUSE, THIRUVAMBADY KARA, NEEZHOOR VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.SIVARAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 8636 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R Petitioner is the accused in Crime No. 118 of 1989 of the Kaduthuruthy Police Station, alleging offence under Section 324 IPC. The charge sheet in the above case was filed before the Judicial First Class Magistrate's Court, Vaikom and numbered as C.C. 49 of 1990. Since the petitioner was away in connection with his employment, the case was transferred as L.P. No. 2 of 1991. Now petitioner is retired and according to him, non bailable warrant is pending against him in L.P. 2 of 1991. Petitioner apprehends arrest, detention and torture at the hands of the investigating officer and hence he has come up with this application. 2. Having heard either side, I find that the jurisdiction under Section 438 of the Code of Criminal Procedure shall not be exercised to interdict the judicial proceedings. Arrest warrant was issued against the petitioner only because the petitioner failed to appear before the trial court. True, he might have been outside the State on employment. Whatever may be the B.A. 8636 OF 2011 2 cause, as per the procedure code he is absconding. That is why arrest warrant was issued. However, taking note that the petitioner was employed in Boarder Security Force and working in North India, I direct the learned magistrate concerned to take into account of the compelling circumstances while disposing of the application for bail, if any filed by the petitioner. With this observation this application is dismissed with liberty to apply for regular bail. P.S. GOPINATHAN, (JUDGE) knc/-