IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 5280 of 2009() ----------------------------- CRIME NO.94/2005 OF KOTTARAKARA POLICE STATION PETITIONER (S): 9TH ACCUSED: -------------------------------- DILEEP KUMAR K., S/O.KRISHNA PILLAI, DILEESH BHAVANAM, ERATHU KULAKKADA, KULAKKADA P.O., KALAYAPURAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5280 of 2009 --------------------------------------------- Dated this the 22nd day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.94 of 2005 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 448, 323, 354, 379 and 427 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 9.10.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 15th and 16th October 2009. Post on 22.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with BA No.5280/2009 2 Crime No.94 of 2005 of Kottarakara Police Station.” 4. It is submitted by the learned Public Prosecutor that the petitioner has complied with the direction in the order dated 9th October 2009. It is submitted that the defacto complainant was also present on that day before the investigating officer. It is also stated by the learned Public Prosecutor that further investigation reveals that the petitioner is not involved in the offence and a report to that effect will be filed before the learned Magistrate having jurisdiction. The learned Public Prosecutor also submitted that in the circumstances, the investigating officer has no intention to arrest the petitioner. This submission is recorded. The Bail Application is unnecessary and it is accordingly closed with liberty to the petitioner to approach this Court as and when occasion arises. K.T.SANKARAN, JUDGE csl BA No.5280/2009 3 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5280 of 2009 --------------------------------------------- Dated this the 9th day of October, 2009 ORDER After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 15th and 16th October 2009. Post on 22.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.94 of 2005 of Kottarakara Police Station. K.T.SANKARAN, JUDGE BA No.5280/2009 4 csl Hand over copy to both sides.