IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 5595 of 2008 ------------------------------------- (CRIME NO. 128/2008 (CBCID CRIME NO.121/07) OF THE KURATHIKAD POLICE STATION) ......................... PETITIONERS/ACCUSED NO.1 & 2: -------------------------------------------------- 1. SIVAPRASAD @ ARAVINDAN, S/O.NARAYANAN, VETTUKULANJI THEKKETHIL VEEDU, BHARANICKAVE NORTH, KATTANAM VILLAGE, MAVELIKKARA. 2. VIJAYALAKSHMI, VETTUKULANJI THEKKETHIL VEEDU, BHARANICKAVE NORTH, KATTANAM VILLAGE, MAVELIKKARA. BY ADV. MR.GEORGE VARGHESE PERUMPALLIKUTTIYIL. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. DEFACTO COMPLAINANT BY ADV. MR. S. PRASANTH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 5595 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of January,2009 O R D E R Petition for anticipatory bail. 2. A crime was registered under the caption “unnatural death” and subsequently, offences under sections 498A and 306 read with section 34 IPC were incorporated. Thereafter, a report was filed stating that offence under section 302 IPC is also involved. 3. Notices were issued to accused 1 and 2 by the committal court and learned Magistrate was of view that though a prayer was made by the Investigating Officer to cancel the bail, there was no sufficient reason to allow the prayer. The court found that court can only direct the accused to apply for fresh bail, since a grave offence was included. Therefore, accused 1 and 2 were directed to apply for fresh bail for offence under section 302 read with section 34 IPC. within seven days. In this context, petitioner has applied for anticipatory bail. 4. On hearing both sides, it is clear that offence under section 302 IPC was included and investigation is being conducted. Learned Magistrate has only directed the petitioner to apply for fresh bail. The bail is not cancelled and no arrest is ordered. Therefore, no apprehension of arrest exists and hence, BA 5595/08 -2- anticipatory bail cannot be granted, in the absence of any apprehension of arrest. This petition is dismissed. K.HEMA, JUDGE. mn.