IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 7851 of 2009() ------------------------------------------ (CRIME NO.568/2009 OF PONKUNNAM POLICE STATION,KOTTAYAM DISTRICT) PETITIONER/ACCUSED NO.2: ------------------------------------------- JAIMON JOSE, AGED 42 YEARS, KORATTIYIL HOUSE, URULIKUNNAM KARA, ELIKKULAM VILLAGE, POOVARANI P.O., KOTTAYAM. BY ADV. MR.V.PHILIP MATHEWS RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No.7851 of 2009 ------------------------------------ Dated this the 28th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.568/2009 of Ponkunnam Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was laid in the case on 31/12/2009 before the court of the Judicial Magistrate of the First Class-II, Kanjirappally. 4. The learned counsel for the petitioner submitted that the petitioner apprehends arrest even now, since the investigating officer is free to arrest him under the pretext of further investigation under Section 173(8) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that there B.A. No.7851/2009 2 is no proposal to conduct any further investigation and even if it is necessitated, an appropriate report will be filed before the court. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioner to seek regular bail. K.T. SANKARAN, JUDGE scm