IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 2982 of 2009() ----------------------------- AGAINST THE ORDER IN CMP 498/2009 IN CC.776/2005 of C.J.M.,KASARAGOD .................... APPLICANT/ACCUSED: -------------------------------------- S.A.RAVI, S/O.ANNAMALI, 264 1ST CROSS, VIVEK NAGAR EXTENSION, BANGALORE. BY ADV. SRI.M.A.JOSEPH MANAVALAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.2982 of 2009 ------------------------------ Dated this the 6th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure filed by accused No.4 in C.C.No.776 of 2005 on the file of the court of the Chief Judicial Magistrate of Kasaragod. 2. The offence alleged against the petitioner is under Section 411 read with Section 34 of the Indian Penal Code. 3. Learned public prosecutor submitted that the final report was filed in the case on 30.7.2005. It is submitted that the petitioner could not be arrested during investigation. It is also submitted that though a production warrant was issued in this case, in so far as the accused No.4 is concerned, his formal arrest was not recorded in the present case, that is, C.C.No.776/05. The submission made by the learned public prosecutor is recorded. Since the petitioner is not in custody in C.C.No.776/05, the Bail Application under Section 439 filed by him is not maintainable. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl