IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 8093 of 2007() ----------------------------- CRIME NOT KNOWN TO THE PETITIONER : PETITIONER: ---------------------------- SIVAPRASAD, AGED 37, S/O. GOPINATHAN, CHENAVILA, YEROOR P.O., KOLLAM. BY ADV. SRI.T.S.JOHN SRI.M.A.PRABHU RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, THRISSUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8093 of 2007 ------------------------------------- Dated this the 1st day of January, 2008 ORDER Application for anticipatory bail. Petitioner apprehends that he may be arrested in a crime registered in relation to injury suffered by one Kamal Roy. Crime 204 of 2007 of Cheranellur Police Station was initially registered in respect of the injury suffered by the said Kamal Roy. Crime has later been transferred and is now pending as Crime 412 of 2007 of Trichur East Police Station. Investigation is in progress. 2. According to the petitioner, he is absolutely innocent and there is an attempt to falsely implicate him in the said crime. 3. The learned Public Prosecutor after taking instructions submits that at the moment, the police is satisfied that the injury was suffered by the victim in an accidental fall and there is no allegation whatsoever raised against the petitioner. The petitioner is not required to be and shall not be arrested as an accused in the said crime. The victim is still unconscious. If on a later date it is found that the petitioner has to be arrested in this B.A.No.8093 of 2007 2 crime, specific notice to that effect shall be given to the petitioner and prior permission of this Court shall be sought before any such arrest is effected, submits and undertakes the learned Public Prosecutor . 4. The submission/undertaking of the learned Public Prosecutor is taken note of and recorded hereby. The apprehension of the petitioner is, in these circumstances, found to be without any basis. 5. This Application for anticipatory bail is accordingly dismissed accepting the submission/undertaking of the learned Public Prosecutor . (R.BASANT, JUDGE) rtr/-