IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5738 of 2008() ----------------------------- CRIME NO.680/2007 OF KATTAPPANA POLICE STATION PETITIONER/ACCUSED NO.4:- --------------------------------------------- RAHESH, AGED 32 YEARS, S/O DINAKARAN, PADAKKAL HOUSE, PARAKKADAVU KARA, KATTAPPANA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5738 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 308, 354, 506 (2), 394(b), 120(b) read with section 34 IPC. According to prosecution, petitioner who is the 4th accused, in furtherance of common intention with other accused, committed various offences against defacto-complainant. 3. Learned counsel for the petitioner submitted that petitioner has not committed any offence but he is implicated in the crime. His name was not mentioned in the First Information Statement. Learned Public Prosecutor submitted that the charge sheet has been already filed and petitioner is the 4th accused in the crime. Learned counsel for petitioner submitted that summons has been issued by the lower court in C.P. no.9/2008. 4. On hearing both sides, I am satisfied that there is no apprehension of arrest because summons has been issued to petitioner. Since there is no apprehension of arrest, section 438 Cr.P.C. cannot be invoked. Petition is dismissed. K.HEMA, JUDGE. mn.