IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 6677 of 2009() ----------------------------------- PETITIONERS/ACCUSED: ------------------------------------ 1. P.S.MUJEEB RAHMAN, PANIPURACKAL HOUSE R.C.CHURCH ROAD, KAYAMKULAM. 2. SAFIYATH SHAMSUDEEN, PANIPURACKAL HOUSE R.C.CHURCH ROAD, KAYAMKULAM. 3. NOUSHAD SHAMSUDEEN, PANIPURACKAL HOUSE,R.C.CHURCH ROAD,KAYAMKULAM. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE WOMEN POLICE CELL, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6677 of 2009 ------------------------------------ Dated this the 3rd day of December, 2009 O R D E R The petitioners apprehend arrest on an accusation of having committed non bailable offence on the basis of a petition filed by the wife of the first petitioner before the Circle Inspector of Police, Women Police Cell, Ernakulam. Hence the petitioners have filed this application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that the Circle Inspector of Police, Women Cell, Ernakulam has received a petition from the wife of the first petitioner. He was directed to appear before the police station. The first petitioner appeared on 09.11.2009. Conciliation was attempted. No settlement could be arrived at between the parties. The parties were directed to appear again on 23.11.2009. The first petitioner did not appear. It is also submitted by the learned Public Prosecutor that no crime is registered against the petitioners and that usually the Women Police Cell does not register any crime. Consequently, it cannot be said that the apprehension of arrest voiced by the petitioner is just and reasonable. B.A. No. 6677 of 2009 2 3. I record the submission made by the learned Public Prosecutor that the second respondent or officers under the second respondent do not have any intention to arrest the petitioners on the basis of the petition filed by the wife of the first petitioner. The Bail Application is accordingly closed with liberty to the petitioners to approach this court again as and when occasion arises. K.T. SANKARAN, JUDGE ln