IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4290 of 2008() ----------------------------- CRIME NO.341/08 OF MAVEL9IKKARA POLICE STATION PETITIONER/ACCUSED:- ------------------------------------- ABHIJITH, AGED 19 YEARS, S/O M.S. MANI, SACHINMAYAM, KOTTAKKAKOM, MAVELIKKARA, BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4290 of 2008 ----------------------------------------- Dated this the 4th July, 2008 O R D E R This petition is for anticipatory bail. 2. Learned Public Prosecutor submitted that the petitioner is not an accused in the crime and he is not required for arrest. The petitioner was called to the police station only because, it is revealed from an examination of the mobile phone of the deceased that the deceased was making regular calls to the petitioner. But the petitioner did not go to the police station, in spite of the request, it is submitted. The above submissions are recorded and hence there is no question of granting anticipatory bail to the petitioner, since there is no apprehension for the time being that petitioner will be arrested on accusation of any non bailable offence. If the petitioner's presence is required for interrogation, the respondent shall give notice to him. 3. It is submitted by learned counsel for petitioner that the petitioner is having a brilliant academic record. But, he is having epilepsy, social phabia etc. and in case he is compelled to appear before the investigating officer and subjected to custodial BA.4290/08 2 interrogation, it will affect his mental and physical condition and hence he may be permitted to be questioned in the presence of his lawyer. Learned Public Prosecutor submitted that on the peculiar facts of this case, he has no objection in allowing the petitioner to be questioned, in the presence of his lawyer, as requested. This submission is also recorded and the petition is disposed of accordingly. Hand over a copy of this order to learned Public Prosecutor. K.HEMA, JUDGE vgs.