IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2056 of 2008() ----------------------------- [CRIME NUMBER NOT KNOWN] :PETITIONER ----------------- FEROZ, S/O.Y.A.FAZIL, RANIS, T.C.4/1691, HOUSE NO.36, BELHEAVEN GARDENS, KAWDIAR (P.O), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.S.VENUGOPAL RESPONDENTS: ------------- 1. THE CIRCLE INPECTOR OF POLICE, THAMPANOOR, THIRUVANANTHAPURAM. 2. THA STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2056 of 2008 ---------------------------------------- Dated this the 4th day of April 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed non- bailable offences. According to him, he is innocent. He is not involved in any crime. He apprehends vexatious arrest. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioner is not required to be arrested in connection with any crime; but crime No.355/08 of Karamana police station has been registered alleging offences punishable inter alia under Section 302 I.P.C. The police have reasons to believe that the petitioner will be able to afford relevant vital and satisfactory information about the crime committed in that case. For this purpose, the police wanted to question the petitioner as a witness. He has, with oblique motives and reasons, been avoiding the police and is not appearing before the police. In these circumstances, the learned Public Prosecutor stipulates that the petitioner is not required to be arrested in connection with crime No.355/05 of Karamana police station or any other crime; but the investigating officer does want to question the accused in crime No.355/08. B.A.No.2056/08 2 3. The learned Public Prosecutor, further undertakes that if on any later date, the arrest of the petitioner were found to be necessary in that crime, necessary prior information shall be given to the petitioner and prior permission shall be sought from this court and the petitioner shall not be arrested before complying with these requirements. 4. I accept the submissions and undertaking of the learned Public Prosecutor. The apprehension of the petitioner is, in these circumstances, found to be without any merit or basis. The petitioner must appear before the investigating officer and co-operate with the investigating officer in the investigation of the said crime. 5. This petition is in these circumstances dismissed with the above observations. (R.BASANT, JUDGE) jsr B.A.No.2056/08 3 B.A.No.2056/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007