IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 404 of 2010() ---------------------------- CRIME NO.644/2008 OF WADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT. .................... PETITIONER (S): 2ND ACCUSED: -------------------------------- SHIHAB, AGED 24 YEARS, S/O.SULAIMAN, POOVATHINKAL HOUSE, MALLAKKA DESOM, MANALITHARA VILLAGE. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I.OF POLICE, WADAKKANCHERY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.404 of 2010 --------------------------------------------- Dated this the 11th day of February, 2010 ORDER The petitioner, who is the second accused in Crime No.644 of 2008 of Wadakkancherry Police Station, apprehends arrest on an accusation of having committed an offence under Section 379 of the Indian Penal Code. The learned counsel for the petitioner submitted that the first accused filed Criminal Miscellaneous Case No.2672 of 2009 before this Court and as per the order dated 24.9.2009, the FIR was quashed. The learned Public Prosecutor submitted that the investigating officer has submitted a report before the learned Magistrate stating that the case was registered on a mistake of fact. It is also submitted that there is no intention to arrest the petitioner. The submission made by the learned Public Prosecutor is recorded. Accordingly, the Bail Application is closed. K.T.SANKARAN, JUDGE csl