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Judges : V.KHALID
G.Muthuswami - Appellant
Versus
The State Of Kerala And Others - Respondent
Case No : Criminal M.P. No. 1116 of 1979
Decided On : 09/17/1979
Advocates Appeared :
For the Petitioner: K. Rama Kumar and Satheesh Chandran, Advocates. For the Respondent: State Prosecutor.
Section 438 - Anticipatory Bail - The court dismissed the application for anticipatory bail as the petitioner was accused of bailable offences under sections 427 and 447, I.P.C., and section 438, Cr.P.C. can only be invoked for non-bailable offences.
Fact of the Case:
The petitioner, an employee of the Kerala Government, sought anticipatory bail in relation to a case registered under sections 427 and 447, I.P.C.
Finding of the Court:
The court dismissed the petition as not maintainable, stating that section 438, Cr.P.C. can only be invoked for non-bailable offences.
Issues: The main issue was whether the petitioner was eligible for anticipatory bail under section 438, Cr.P.C. for the bailable offences he was accused of.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioner was accused of bailable offences under sections 427 and 447, I.P.C., and therefore, section 438, Cr.P.C. was not applicable.
Final Decision: The petition for anticipatory bail was dismissed, but the petitioner's other remedies were not barred.
This is an application under section 438, Cr.P.C. for anticipatory bail to the petitioner. The petitioner is an employee in the Survey Department of the Kerala Government. He is residing in Parassala. This application relating in Parassala. This application relates to Crime No. 184 of 1979, registered by the 2nd respondent which has now been transferred to the file of the Crime Branch, to be investigated by him. This, it is alleged is done on the orders of the Home Department. The apprehension of the petitioner is that an attempt is afoot to take him into custody, manhandle and humiliate him. All this is being done with the help of the 2nd respondent, Inspector of Police.
2. I do not think it necessary to refer to the above allegations for a disposal of this petition. It is seen from the petition that crime No. 184 of 1979 is registered under sections 427 and 447, I.P.C. Both these are bailable offences. Section 438, Cr.P.C. can be invoked only when a person is accused of a non-bailable offence. This petition is dismissed as not maintainable. The petitioner's other remedies are not however barred.
Petition dismissed.
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