High CourtsSingle Bench

Abdul Basheer vs State of Kerala

High Court Of Kerala · Decided on 13 March 2013 · Citation: (2013) 03 KL CK 0082

HON’BLE JUDGES
P.S. Gopinathan, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 379, 438
RESULT
Dismissed
CASE NUMBER
Bail Application No. 1291 of 2013
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Judgment

3 paragraphs · 167 words

P.S. Gopinathan, J.—Apprehending arrest, detention and torture at the hands of the Station House Officer, Kanjangadu Police Station for a non-bailable offence, this petition is filed u/s 438 of the Code of Criminal Procedure, seeking an order to release the petitioner on bail in the event of arrest, with a plea that the petitioner was falsely implicated. Though it is mentioned that the petitioner would apprehend arrest for a non-bailable offence, neither the nature of the offence nor the section of the offence is mentioned.

2.

The learned Government pleader on the other hand would submit that the petitioner is involved in crime No. 884/2012 of Hosdurg Police Station for offence u/s 379, crime No. 32/13 of Bekal Police Station for offence u/s 379 and two other cases as crime No. 1316/2012 and 625/2012 of the Hosdurg Police Station. In the above circumstances, this is not a fit case to invoke jurisdiction u/s 438 of the Code of Civil Procedure.

In the result this petition is dismissed.