IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7133 of 2011() ----------------------------- PETITIONER/ACCUSED -------------------------------------- A.D.SEBASTIAN, AGED 65 YEARS, S/O.DEVASIA, ARAYATHINAL HOUSE, EDATTU BUILDING, PATHAMPUZHA P.O. BY ADV. SRI.SHAJI THOMAS SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, ERATTUPETTA-686 121. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7133 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER The petitioner apprehends arrest in crime No.298 of 2008 of Erattupetta Police Station. 2. Learned Public Prosecutor submitted, on instructions, that the petitioner is not made an accused in the case. It is also submitted by the learned Public Prosecutor that a refer report was filed by the police. The defacto complainant demanded for further investigation and even after further investigation a refer report was filed again. The defacto complainant approached the court and requested for passing an order for further investigation. The Court passed an order for further investigation and the same is going on. It is submitted that till now the petitioner is not made an accused in the case. 3. Since the petitioner is not made an accused, there can be no apprehension that he would be arrested and detained. Accordingly, the bail application is closed. 4. However, if the petitioner is made an accused in the B.A.No.7133 of 2011 2 case, the investigating officer shall issue notice to the petitioner under Section 160 of the Code of Criminal Procedure. The petitioner shall serve a copy of this order to the investigating officer. sd/- K.T.SANKARAN, JUDGE rkc //TRUE COPY// PA TO JUDGE