IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8663 of 2011() CRIME NO. 860/2011 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM ----------------------------- PETITIONER/ACCUSED --------------------------------- RAKESH A MENON, AGED 25 YEARS, S/O R. ACHUTHAN, TC 19/1219, DAIVA KRIPA, POOJAPPURAM, THIRUVANANTHAPURAM - 695 012. BY ADV. SRI. P. RAMAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8663 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.860/2011 of Museum Police Station for offences under Sections 465, 468 and 471 IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, he moved a petition as Crl.M.C.No.1740/2011 before the Sessions Judge, Thiruvananthapuram. By Annexure A1 order, that petition was dismissed. Now, this petition is filed. 2. Having heard either side, I find that the petitioner was found in possession of a new motorcycle in front a show room, in which he is the Manager with a fake registration number. With that allegation, the case was registered. But the Detecting Officer did not arrest the petitioner. Therefore, there is no basis in the apprehension of the petitioner that the petitioner would be arrested. If at all the Investigating Officer proposes to arrest the petitioner, it is for good reasons, because this is a matter to be investigated as to how the motorcycle in the possession of the petitioner got fake number. The crime alleged occurred as early as 20-09-2011. The petitioner had got sufficient opportunity to apply for regular bail. But he had not opted for. I find no good reason to arrive at a divergent conclusion than that was arrived at by the Sessions Judge. In the result, this petition is dismissed with liberty to the petitioner to apply for regular bail. Sd/- P.S.GOPINATHAN, JUDGE / /True Copy// P.A to Judge