IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 294 of 2010 CRIME NO.156 OF 2009 OF TOWN SOUTH POLICE STATION, PALAKKAD PETITIONER/ACCUSED -------------------------------------- RENJI BABY, S/O.THOMAS BABY, AGED 31 YEARS, EDAPPURAYIL HOUSE, PAVUKKARA, MANNAR, CHENGANNUR, ALAPPUZHA. BY ADV. SRI.K.C.PETER SRI.TOJAN J. VATHIKULAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 294 OF 2010 ------------------------------------------------------ Dated this the 23rd day of February, 2010 O R D E R Apprehending arrest by the officers of the Town South Police Station, Palakkad, on an accusation of having committed non- bailable offence, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Learned Public Prosecutor submitted the following facts: On 21.3.2009, the police got information that a Hyundai Accent car had met with an accident at Kannanur, Palakkad. The police party went to the spot. They found a Hyundai Accent car bearing registration No.TN39 AR 8281. On search of the vehicle, a quantity of 689.5 litres of spirit was found. The car was seized. Nobody was found inside the car or near the car. Crime No.156 of 2009 of Town South Police Station, Palakkad was registered under Section 55(a) of the Abkari Act against unnamed accused. 3. On inspection of the vehicle, the investigating officer found B.A. NO. 294 OF 2010 :: 2 :: out an agreement with respect to another Hyundai Accent car in favour of the petitioner. The registration number of the vehicle noted there is KL 4H 1460. 4. Investigation revealed that the car which met with the accident had exhibited bogus registration number and the registration number exhibited on the vehicle really belongs to a Bajaj Pulsar motor bike. The investigation also revealed that the registration number KL 4H 1460 relates to a Bajaj autorickshaw. The investigating officer had found out a work order issued by a motor workshop for having taken for repair the vehicle bearing registration No.KL04 H-1460. In that work order, a mobile phone number was seen noted. The investigating officer found out that the said mobile phone belongs to the petitioner herein. On the basis of these details, it is submitted that the petitioner was directed to appear before the investigating officer. At that juncture, the petitioner has rushed to this Court with an application for anticipatory bail. 5. The learned counsel for the petitioner submitted that no notice was received by the petitioner under Section 160 of the Code of Criminal Procedure. B.A. NO. 294 OF 2010 :: 3 :: The learned Public Prosecutor submitted that as of now the petitioner is only a suspect and that the petitioner is not made an accused in Crime No.156 of 2009. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioner to seek appropriate remedies as and when occasion arises. (K.T.SANKARAN) Judge ahz/