IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES FRIDAY, THE 4TH AUGUST 2006 / 13TH SRAVANA 1928 Bail Appl..No. 4551 of 2006 ----------------------------- CRIME NO. 401/2006 OF KAYAMKULAM POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- SAMAD, AGED 36 YEARS, S/O.POOKUTTY, RESIDING AT SASNA MANZIL, MALAYIL VEEDU, PUTHIYAVILA, PATTOLI MARKET, KANDALLUR, KARTHIKAPPALLY. BY ADV. SRI.N.SURESH RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM. BY PUBLIC PROSECUTOR T.K. KUNHABDULLA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 4551/2006 ------------------ DATED THIS THE 4TH DAY OF AUGUST, 2006 O R D E R The petitioner is the second accused, in crime No.401/2006 of Kayamkulam Police Station. The offence alleged against him and the first accused are under Sections 409, 420 and 473 IPC read with Section 34 IPC. The allegation is that the petitioner was operating a hospital manned by the first accused, who had been arrested by the police on 10.7.2006, and he is in judicial custody. The bail application, preferred by the first accused, is pending separately, as B.A.No.4741/2006. The petitioner is before this Court, under Section 438 Cr.P.C. 2. After hearing both sides and considering the materials on record, I find that this is not a fit case to pass a pre-arrest order, under section 438 Cr.P.C. Hence the application is dismissed. J.M.JAMES JUDGE mrcs