IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 235 of 2010() -------------------------------------- (CRIME NOT REGISTERED) ....... PETITIONER ------------------- BENNY. C., PONARATHU, PARIPPU PO KOTTAYAM. BY ADV. MR.T.S.JOHN MR.JESTIN MATHEW RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 235 of 2010 ------------------------------- Dated this the 20th day of January, 2010 O R D E R The petitioner, Benny.C, who is a High School Teacher, apprehends arrest on an accusation of having committed non- bailable offence. He apprehends arrest by the officers of the Kottayam West Police Station. 2. The learned counsel for the petitioner submitted the following facts: The petitioner was appointed as a judge for the District Youth Festival of Idukki to judge two items, namely, Margam kali and Parichamuttu Kali. It is submitted that the petitioner was acting as a judge for Youth Festival for the last more than 14 years. The Youth Festival was to be held in the first week of January at Kumaly. The petitioner is a resident of Kottayam. It is stated that the petitioner was appointed as a judge as per the order passed by the Deputy Director of Education, Idukki. The parent of one of the participants in one of the items, in which the petitioner had to act as judge, telephoned B.A. No. 235 /2010 2 to the petitioner and recommended for giving higher marks to a particular candidate. It is stated that the petitioner was called over phone by the person introducing herself as an employee in the office of the Deputy Director of Education, Idukki. Since an attempt was made to influence him, the petitioner did not participate in the Youth Festival as a judge, as he thought that it would not be proper to act as a judge in such circumstances. 3. The learned Counsel for the petitioner submitted that a news item appeared in the print as well as the visual media that the petitioner demanded bribe from a candidate to give more marks to that candidate in one of the items in the Youth Festival. The petitioner apprehends arrest in these circumstances. 4. The learned Public Prosecutor submitted that no crime is registered against the petitioner in Kottayam West Police Station and that there is no intention to arrest the petitioner. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioner to approach this Court again, as and when occasion B.A. No. 235 /2010 3 arises. It is also made clear that if any crime is registered against the petitioner, a notice shall be issued to the petitioner by the investigating officer. K.T. SANKARAN, JUDGE Scm