G MUTHUSWAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under S.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 Parasala. 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 S.427 and 447 IPC. Both these are bailable offences. S.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.