IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6008 of 2009() ----------------------------- CRIME NO.1090/2009 OF NEDUMANGAD POLICE STATION PETITIONERS/2ND & 3RD ACCUSED: ------------------------------------------------ 1. VIJU, S/O.SASI, AGED 23, VIJU BHAVAN, POYAPPARA, KARAKULAM P.O., NEDUMANGADU TALUK. 2. SUJAN, S/O.NESAN, AGED 32, RAJI BHAVAN, THUNDUVILA VEEDU, PIRAYIL, PEYADU P.O., VILAPPIL VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI 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 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6008 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER Apprehending arrest in Crime No.1090 of 2009 of Nedumangad Police Station, the petitioners have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The learned Public Prosecutor, on instructions, submits that the offence is alleged to have been committed by one Vinod and an identifiable person. Vinod is not arrested in the case. It is submitted by the learned Public Prosecutor that as of now, there is no material to connect the petitioners with the offence and therefore, there is no intention to arrest them. This submission is recorded and the Bail Application is closed. 2. On investigation, if it is revealed on reliable materials that the petitioners are also involved in the offence, this order would not prevent the investigating officer from proceeding in accordance with law. BA No.6008/2009 2 For the aforesaid reasons, the Bail Application is closed with liberty to the petitioners to approach this Court again as and when occasion arises. K.T.SANKARAN, JUDGE csl Hand over copy to both parties.