IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5235 of 2009() ------------------------------------ PETITIONER/ACCUSED: --------------------------------- M.K.ASOKAN, S/O.CHOYIKKUTTY, AGED 46 YEARS, NADUVATHUR, KEEZHARIYOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENT/COMPLAINANT & STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5235 of 2009 ------------------------------------ Dated this the 8th day of October, 2009 O R D E R The petitioner, M.K. Asokan, apprehends arrest by Koyilandy Police on an accusation of having committed non- bailable offence. The petitioner states that as per the order dated 13/1/2009 in B.A. No.60/2009, bail was granted to him in Crime No.1046/2008 of Koyilandy Police Station. The bail was granted on certain conditions. He has complied with the conditions. 2. While so, on 6/9/2009, the police party came to the residence of the petitioner. The petitioner was not available there. The police party threatened the wife of the petitioner that the petitioner would be arrested and he would be manhandled. On the basis of this, the petitioner submits that he apprehends arrest by the police. 3. The learned Public Prosecutor submitted that as per the order dated 31/8/2009 passed by the District Collector, Kozhikode under the Kerala Anti-social Activities Prevention B.A. No. 5235 / 2009 2 Act, the petitioner had to be arrested. The police party went to the house of the petitioner to serve a copy of the order passed by the District Collector and to take him into custody. Going by the submissions made by the learned Public Prosecutor, it can be seen that the attempt to arrest the petitioner was on the basis the order passed under the Kerala Anti-social activities prevention Act. Anticipatory bail under Section 438 cannot be granted to prevent arrest in such cases. The submission made by the learned Public Prosecutor is recorded and the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm