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. 8533 of 2011() ----------------------------- CC.99/2009 of J.M.F.C.-I, KANNUR .................... (CRIME NO.831/08 OF KANNUR TOWN POLICE STATION,KANNUR) ..... PETITIONER/3RD ACCUSED: ------------------------------------------ HISHAM.P., S/O.HASHIM, AGED 25 YEARS, PULLUNDAN HOUSE, KANNUR CITY, KANNUR AMSOM AND DESOM. BY ADV. SRI.T.MANOJ KUMAR RESPONDENT(S): -------------------------- SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8533 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 3rd accused in C.C.No.99/2009 on the file of the Judicial First Class Magistrate Court, Kannur, (In Crime No.831/2011 of Kannur Town Police Station for offences under Sections 143, 147, 148 and 506(ii) r/w Section 149 IPC) . Apprehending, 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. Having heard either side, I find that the petitioner is an absconding accused. Since, he was absconding, the learned Magistrate split up the case and coercive steps are pending against the petitioner. Having due regard to that aspect, I find that it is not appropriate to interdict in judicial proceedings. In the result, this petition is dismissed with liberty to the petitioner to surrender before the trial Court and apply for regular bail. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge