IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2117 of 2008() ----------------------------- PETITION/ ACCUSED ---------------------------------- SHIYALA, PROPRIETEX, SHIYALA TRAVELS, MUNICIPAL COMPLEX, SOUTH CHALAKUDY, THRISSUR DIST. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUB-INSPECTOR OF POLICE, CENRAL POLICE ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2117 of 2008 ------------------------------------------------- Dated this the 9th day of April, 2008 ORDER Application for anticipatory bail. The petitioner – a woman, apprehends arrest on the allegation that she has allegedly committed non-bailable offences against one M/s Air Travel Enterprises. Some amounts are due from her to the said M/s Air Travel Enterprises. For the discharge of that liability, a cheque has been issued also. The cheque has not been presented yet. To vex and harass the petitioner, the petitioner is being called to the Police Station frequently. 2. The learned Public Prosecutor, after taking instructions, submits that the respondent/police have no intention to arrest the petitioner at all. No crime is registered against her and she is not required to be arrested. She is not required now to attend the Police Station also, it is submitted. B.A. No. 2117 of 2008 -: 2 :- It is true that complaints about amounts due have been raised before the police by the rival contestants and it was, in these circumstances, that the petitioner was required to appear before the police. Now the petitioner is not required to appear before the police. There is no case against her. She will not be arrested also, undertakes the learned Public Prosecutor unambiguously. The S.H.O. of the Central Police Station did not report before the learned Public Prosecutor initially and this obliged the learned Public Prosecutor to make a report to this Court that no instructions are being received. Hence the Officer i.e., Mr.V.S. Navaz, the Principal Sub Inspector of Police of the Central Police Station was directed to be present in court and it is after discussions with him that the learned Public Prosecutor makes these submissions/undertakings. 3. The apprehension of the petitioner is thus found to be without any basis. If the petitioner were hereafter required to be arrested or called to the Police Station in connection with the present controversy, prior intimation shall be given to the petitioner and prior permission of this Court shall be taken, submits/undertakes the learned Public Prosecutor. 4. The submissions and undertakings of the learned Public B.A. No. 2117 of 2008 -: 3 :- Prosecutor are accepted. I am satisfied that the apprehension of the petitioner is, in these circumstances, without any basis. 5. This petition is accordingly dismissed as agreed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge