IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4674 of 2009() -------------------------------------- CRIME NO.1600/2009 OF ERNAKULAM CENTRAL POLICE STATION. PETITIONER/4TH ACCUSED: ------------------------------------------ GEORGE MIKHAEL, LAKSHMIPURAM THOPPIL HOUSE, THANNI, MAYYANAD P.O., KOLLAM. BY ADV. SRI.D.KISHORE RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4674 of 2009 ------------------------------------ Dated this the 8th day of September, 2009 O R D E R The petitioner, George Mikhael, Lekshmipuram Thoppil House, Thanni, Mayyanad P.O., Kollam has filed this Bail Application under Section 438 of the Code of Criminal Procedure apprehending arrest on an accusation of having committed non-bailable offence, by the Ernakulam Central Police. The petitioner says he is the 4th accused in Crime No.1600/2009 of Ernakulam Central Police Station. 2. The learned Public Prosecutor submitted that the petitioner is not an accused in Crime No.1600/2009 of Ernakulam Central Police Station and the 4th accused is George Fernandaz. Therefore, there is no intention to arrest the petitioner. This submission is recorded and the Bail Application is closed. The learned Public Prosecutor further submitted that if during investigation, it is revealed that the petitioner is involved in the crime, the order in this Bail Application should not stand in the way of the investigating officer implicating the B.A. No. 4674 / 2009 2 petitioner as an accused and in arresting him. In such an event, a notice under Section 160 of the Code of Criminal Procedure shall be issued to the petitioner. Issue copy of this order to both sides. K.T. SANKARAN, JUDGE scm