IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 165 of 2010 CRIME NO.359 OF 2008 OF KUMBLA POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- MR.FAIROZ HUSSAIN, AGED 39 YEARS, SON OF LATE KAZLANDAR HUSSAIN, HOUSE NO.26/1, 1ST CROSS, HULIYAR ROAD, ARASIKERE, HASSAN DISTRICT, PIN-573 103, KARNATAKA STATE, (WITHIN THE JURISDICTION OF THE KUMBLA POLICE STATION). BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KUMBLA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 165 OF 2010 ------------------------------------------------------ Dated this the 25th day of January, 2010 O R D E R Apprehending arrest on an accusation of having committed non- bailable offence in Crime No.359 of 2008 of Kumbla Police Station, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Learned Public Prosecutor submitted that, after completing investigation, charge was filed in the case on 26.10.2009 and the case is now pending as C.C.No.607 of 2009, on the file of the Court of the Chief Judicial Magistrate, Kasaragod. 3. Since the charge sheet was filed, there cannot be any apprehension for the petitioner that he would be arrested by the investigating officer. Leaving open the right of the petitioner to move for regular bail, this Bail Application is closed. (K.T.SANKARAN) Judge ahz/