IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 6318 of 2011() CRIME NO. 162/CR/CBHHW/III/KKD/2011, CRIME BRANCH, KOZHIKODE DISTRICT ----------------------------- PETITIONER ------------------ NOUSHAD P, AGED 36, S/O. KHADER P, K. P HOUSE, KOLADANKUNNU, POTTAMMAL, CHEVARAMBALAM POST, KOZHIKODE 673 017. BY ADV. SRI. M. K.CHANDRA MOHANDAS RESPONDENTS/STATE -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE (HHW-111) CRIME BRANCH, KOZHIKODE, PIN – 673 001. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 6318 of 2011 ---------------------------------------------------------- Dated this the 3rd day of December, 2011 ORDER Petitioner, apprehending arrest and detention for a non bailable offence in Crime No. 162/CR/CBHHW/III/KKD2011 has come with this petition under Section 438 of the Code of the Criminal Procedure, seeking an order to direct the second respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent. 2. The learned Govt.Pleader after taking instructions submitted that the petitioner is only suspected to have been involved in the above crime. So far, no material is disclosed to array him as accused. Therefore, he is not arrayed as accused and at present there is no intention to arrest the petitioner. In the above circumstance, this petition is closed directing the respondents to serve notice with sufficient date under 160 of the Code of the Criminal Procedure, in the event the second respondent proposes to interrogate the petitioner. P.S.GOPINATHAN, JUDGE su