ABDUL BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 under Section 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 under Section 379, crime No. 32/13 of Bekal Police Station for offence under Section 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 under Section 438 of the Code of Civil Procedure.