IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 6764 of 2009() ----------------------------- CRIME NO.136/1999 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/2ND ACCUSED ------------------------------------------ MONIYAN,S/O.KRISHNANKUTTY, KUTTU SADANAM,ENCHAPPURY, ARYANADU,NEDUMANGADU TALUK,TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6764 of 2009 --------------------------------------------- Dated this the 3rd day of December, 2009 ORDER Apprehending arrest in Crime No.136 of 1999 of Vilappilsala police station, the petitioner, who is the second accused therein, has filed this application for anticipatory bail. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 7.6.2001. After filing the charge, it cannot be said that the investigating officer would arrest the petitioner. The petitioner has not stated the details as to the proceedings before court or whether any non bailable warrant was issued against him. The relevant facts are conveniently suppressed in the Bail Application. I do not propose to exercise the discretionary jurisdiction under Section 438 of the Code of Criminal Procedure in a case of this nature. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl