IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1628 of 2008() ----------------------------- CRIME 244/07 OF POTHENCODE POLICE STATION .................... PETITIONERS (SHOWN AS SUSPECT IN THE FIR) ---------------------------------------------------------- JULIE JAMES, W/O.PRAVEEN.S., KRISHNA VILASOM, CRA, F/3, CHERUVAIKKAL, SREEKARIYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KAZHAKOOTTAM POLICE STATION, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, POTHENCODE P.O., THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1628 OF 2008 A ```````````````````````````````````````````````````` Dated this the 31st day of March, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest in a crime registered alleging commission of the offence of theft. In the de facto complainant's house theft of gold ornaments took place. Needle of suspicion is now pointed at the petitioner. She had come to the house of the de facto complainant on that day. There was some function there. She wanted to feed her child. For breast feeding, she used the room in which the ornaments were kept. 2. Later, it was found that the ornaments kept in the room were stolen. The petitioner who was available in that room may have committed the offence, it is suspected. Therefore, the suspicion against the petitioner grew. Long later, a complaint was made before the police. In the course BA.1628/08 : 2 : of the investigation it was revealed that the petitioner had purchased properties, etc. The petitioner had an explanation that she had raised the amount from her bank account, etc. 3. The petitioner made herself available for interrogation before the investigating officer on 24.3.08, 25.3.08 and 26.3.08. There is a possibility of the petitioner having committed the offence. Till now the petitioner has not been arrayed as an accused. The investigating officer submits that he is making all efforts to collect evidence and if only satisfactory materials are collected against the petitioner, she shall be arrested. She may be directed to co-operate with the investigation and subject herself to the requisite tests which shall be conducted with appropriate sanction/permission from the authorities. The learned Public Prosecutor, on behalf of the investigator, concedes that the petitioner shall not be arrested until better and tangible materials are collected if available against the petitioner. In these circumstances, the petitioner need not apprehend BA.1628/08 : 3 : imminent arrest but she may be directed to co-operate with the investigators and take the necessary tests. It is undertaken by the learned Public Prosecutor that the arrest of the petitioner shall be effected only after seeking the prior permission of this court and after giving prior notice to the petitioner. The learned counsel for the petitioner submits that the petitioner shall co-operate with the investigators to ascertain the truth and shall take all the necessary tests. 4. In these circumstances, this petition is dismissed accepting the submissions/undertaking of the learned Public Prosecutor. (R.BASANT, JUDGE) aks