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. 8989 of 2011() ----------------------------- CC.363/2006 of C.J.M.,KASARAGOD CRIME NO.233 OF 2003 OF THE KUMBALA POLICE STATION, KASARGOD DISTRICT. .................... PETITIONER/3RD ACCUSED ------------------------------------ MOHAMMED HANEEF @ SADIQUE, S/O.MOOSA,BATTERI HOUSE,SHIRIYA PO, KASARAGOD DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH SMT.P.M.SHIJI RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KEARLA, KOCHI-31 BY PUBLIC PROSECUTOR SMT.S.HYMA 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. 8989 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the third accused in C.C. No.363/2011 on the file of the Chief Judicial Magistrate Court, Kasaragod for offences under Sections 143, 147, 148, 341, 324 and 427 r/w Section 149 IPC. The case originated as Crime No. 233/2003 of the Kumbala Police Station. Alleging Apprehension of 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. Petitioner is an absconding accused. As a result, coercive proceeding were initiated, after converting the case to L.P.Register. Now, arrest warrant is pending against the petitioner. I find that judicial proceedings shall not be interdicted B.A. NO. 8989 OF 2011 2 through orders under Section 438 of the Code of Criminal Procedure. Therefore, this petition is disposed of with direction to the petitioner to surrender before the Magistrate concerned and to apply for regular bail, which the learned Magistrate shall dispose on merits, as far as possible, on the same day, provided due notice is given to the Asst. Public Prosecutor. The petitioner is at liberty to apprise the reason for not appearing before the Court, while disposing the bail application. P.S.GOPINATHAN, JUDGE amk