IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 839 of 2010() --------------------------------------- CR. NO.29/2010 OF SREEKANDAPURAM POLICE STATION, KANNUR DT. .................. PETITIONER ------------------ ANIL BABU M.D, S/O.DEVASSIA, AGED 36 YEARS, ADVOCATE, TALIPARAMBA, RESIDING AT KOTTOORVAYAL, NEDIYENGA AMSOM, SREEKANDAPURAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR.V.A.SATHEESH RESPONDENT/COMPLAINANT -------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT (CRIME NO.29/2010 OF SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 839 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 O R D E R The petitioner apprehends arrest in Crime No.29/2010 of Sreekandapuram Police station, Kannur District on an accusation of having committed an offence under Section 465, 468, 471 and 420 of the Indian Penal Code. Hence, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The petitioner had filed Crl. M.C. No.183/2010 before the Sessions Court, Thalassery for Anticipatory Bail. That application was closed on 03.02.2010, recording the submission made by the learned Public Prosecutor that no crime was registered against the petitioner. 3. The petitioner is an advocate practising at Thaliparamba. He apprehends arrest in the crime in spite of the order dated 03.02.2010. In Paragraphs 3 to 6 of the Bail Application, it is stated as follows: The petitioner has appeared as a lawyer in S.M. 663/2001 of Land Tribunal No.II B.A. No. 839 of 2010 2 Payyannur on behalf of the tenant Sri. Thomas P.S., S/o. Savier of Nediyenga Amsom. This S.M. was dismissed by the Land Tribunal on 24.07.2007. This S.M. was initiated with respect 13 cents of property in the possession of above said Thomas P.S. situated in Nediyenga Amsom. The Sreekandapuram Police had registered C.R.No. 29/2010 under Section 465, 468, 471 and 420 of IPC against unknown accused basing on a letter given by the District Collector, Kannur alleging that a false purchase certificate having No. 140/2009 was forged and used as genuine by the accused. The petitioner has nothing to do with any forgery or cheating. The petitioner had only appeared in his capacity as a lawyer in the above S.M. before the Land Tribunal. The Sub Inspector of Police Sreekandapuram is in enimical terms with the petitioner. On 10.12.2009 the petitioner's mother died due to cardiac arrest and the body was cremated on 11.12.2009. Two of the relatives who came to the petitioner's house during that time was assaulted by the Sub B.A. No. 839 of 2010 3 Inspector alleging that they had rashly driven motorbike. The petitioner approached the Sub Inspector for releasing the said relatives. There were many other instances of harassing motorbike passengers by the Sub Inspector. This was widely reported in news papers also. Against such atrocities somebody had given petitions to the S.P., Kannur against the Sub Inspector. The Sub Inspector is having a wrong feeling that the said petition was filed before the S.P. due to the advice of the petitioner. Thereafter the Sub Inspector is waiting for wreaking vengeance against the petitioner. Many times the Sub Inspector had threatened the petitioner that he will implicate the petitioner in one way or the other. The Sub Inspector is now threatening that the petitioner will be falsely implicated in the above crime and he will be taken into custody and he will be subjected to harassment. If the petitioner is falsely implicated and taken into custody irreparable loss and hardships will be caused to his person and reputation. “ 4. The learned Public Prosecutor submitted that as of now B.A. No. 839 of 2010 4 the petitioner is not an accused in the case and therefore, there is no intention for the police to arrest him. The learned Public Prosecutor also submitted that if the petitioner is made an accused, a notice will be issued to the petitioner and no arrest will be made until the expiry of one week from the date of receipt of the notice by the petitioner. These submissions are recorded and the Bail Application is closed with liberty to the petitioner to approach this court again as and when occasion arises. The petitioner shall send a certified copy of this order to the Sub Inspector of Police, Sreekandapuram Police Station by registered post with acknowledgement due. K.T. SANKARAN, JUDGE