IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1627 of 2010() ----------------------------- IN CONNECTION WITH SOME MATTER BEFORE THE OFFICE OF CRIME BRANCH, KALOOR PETITIONER/ACCUSED -------------------------------------- SAYSON @ DAYSON, S/O. GEORGE, AGED 35 YEARS, THUNDIPARAMBIL HOUSE, 11/437, OPP. I.N.S.DRONACHARYA, KOCHI-1. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. CB CID OF CRIME BRANCH, OFFICE OF THE CRIME BRANCH, KALOOR INTERNATIONAL STADIUM, ERNAKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, CRIME BRANCH OFFICE, KALOOR INTERNATIONAL STADIUM, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1627 of 2010 --------------------------------------------- Dated this the 26th day of March, 2010 O R D E R The petitioner apprehends arrest by CBCID, Ernakulam in connection with a crime on an accusation of having committed non bailable offence. The learned Public Prosecutor submitted that the petitioner was accused No.13 in Crime No.447 of 2001 of Kunnathunadu police station for the offence under Section 397 IPC. Another offence of similar nature occurred within the limits of Kunnathunadu police station and Crime No.168 of 2002 was registered. Later, the investigation of the case was handed over to the CBCID. It was believed that the petitioner was also involved in Crime No.168 of 2002. The learned Public Prosecutor submitted that the suspicion on the petitioner in respect of Crime No.168 of 2002 was misplaced. Investigation revealed that the petitioner is not involved in Crime No.168 of 2002. The learned Public Prosecutor also submitted that this was revealed when, as per the direction dated 17th March, 2010 issued by this Court, the petitioner appeared before the investigating officer on BA No.1627/2010 2 23.3.2010. It is submitted by the learned Public Prosecutor that the police have no intention to arrest the petitioner as the petitioner is not an accused in Crime No.168 of 2002. This submission is recorded and the Bail Application is accordingly closed. K.T.SANKARAN, JUDGE csl BA No.1627/2010 3 K.T.SANKARAN, J. --------------------------------------------- B.A.No.1627 of 2010 --------------------------------------------- Dated this the 17th day of March, 2010 ORDER After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 23.3.2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 26.3.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders. BA No.1627/2010 4 K.T.SANKARAN, JUDGE csl Hand over copy to both sides.