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G. Muthuswami Vs. State of Kerala - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKerala High Court
Decided On
Judge
Reported in1980CriLJ1021
AppellantG. Muthuswami
RespondentState of Kerala
Excerpt:
- .....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.
Judgment:
ORDER

V. Khalid, J.

1. 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 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.


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