IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 643 of 2008() ---------------------------- PETITIONER/ACCUSED --------------------------- K.R.SUNNY, S/O. LATE RAPHAEL, KIZHAKKEVEETTIL, NOW RESIDING AT 34/652, C/O. THAITHARA, EDAPPALLY P.O., PADIVATTOM, KOCHI-24. BY ADV. SRI.SUJITH MATHEW JOSE RESPONDENTS: ------------- THE ASSISTANT COMMISSIONER OF POLICE, FORT KOCHI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 643 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends that he may be arrested on the allegation that he has committed non-bailable offence. He apprehends that his uncle one Mathew, may file complaint raising allegations. In these circumstances he prays that directions under Section 438 Cr.P.C. may be issued in his favour. 2. The learned Prosecutor, after taking instructions, submits that though a complaint has been received from the said Mathew, no crime has been registered against the petitioner. He is not required to and shall not be arrested now, stipulates the learned Prosecutor. The learned Prosecutor further stipulates that if on a later date the arrest of the petitioner is found to be necessary on the complaint of said Mathew that he has committed any non- bailable offence, sufficient prior notice shall be given to the B.A.No. 643 of 2008 2 petitioner and prior permission of this Court shall be taken before any such arrest is effected. 2. The submissions of the learned Prosecutor and the undertaking that the petitioner shall not be arrested now are taken note of and recorded. The apprehension of the petitioner is, in these circumstances, found to be without any basis. 3. This application is accordingly dismissed accepting the submissions/undertaking of the learned Prosecutor. (R. BASANT) Judge tm