IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Bail Appl..No. 350 of 2010() ------------------------------------ CRIME NO.357/2009 OF VELLAYIL POLICE STATION, KOZHIKODE. PETITIONER/ACCUSED: -------------------------------------- NINOOK, S/O. ASSAINAR, CHEKKARAIN VALAPPU, VELLAYIL, P.O.BEACH, CALICUT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, VELLAYIL POLICE STATION, VELLAYIL, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 350 of 2010 ------------------------------------ Dated this the 1st day of February, 2010 O R D E R Apprehending arrest in Crime No.357/2009 of Vellayil Police Station, Kozhikode on an accusation of having committed non-bailable offence, the petitioner (the first accused) has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 21/1/2010. 3. The learned counsel for the petitioner submitted that the Bail Application was filed on 18/1/2010 and the charge sheet was filed subsequently. It is also submitted that the disputes between the de facto complainant and the petitioner were settled. Annexure-C affidavit is filed by the de facto complainant stating that he had settled the disputes with the first accused, who is none other than his brother-in-law. 4. The apprehension of the learned counsel for the petitioner is that if the petitioner surrenders before court, B.A. No. 350/2010 2 there is a likelihood that the petitioner would be remanded, as the offence involved is a sessions offence. In Sukumari Vs. State of Kerala [2001(1) K.L.T.22], it was made clear that the power under Section 437 can be exercised by the Magistrate even in a case which is exclusively triable by the court of Session. Since charge sheet is filed, I close this Bail Application with liberty to the petitioner to move for regular bail before the court having jurisdiction. K.T. SANKARAN, JUDGE scm