IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2686 of 2009 -------------------------------------- (CRIME NO. 155/2009 OF THE VARANTHARAPPILLY POLICE STATION) ............... PETITIONER/3RD ACCUSED: ----------------------------------------- SREEJITH, AGED 20, S/O.SIVADASAN, KANNAMKATTIL HOUSE, VELLIKULANGARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR). RESPONDENT/STATE OF KERALA/COMPLAINANT: ------------------------------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. JIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.2686 OF 2009 ------------------------------------------ Dated 22nd May 2009 O R D E R Petitioner is third accused in crime No.155/2009 of Varantharappilly police station. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail contending that petitioner is not involved in the case and his name is not mentioned in FIR and if he is to be arrested, it would result in substantial injury as non bailable offence is included and therefore petitioner to grant anticipatory bail. Learned Public prosecutor opposed the application and stated that though name of the petitioner is not mentioned in the FIR he was implicated on the basis of confession statement of the other accused and accused 1 and 2 were already granted bail by the Magistrate and investigation is almost completed and in such circumstances petitioner can surrender and seek bail. 2. On hearing the learned counsel and learned Public Prosecutor, I do not find this a proper case to Ba 2686/09 2 exercise the extra ordinary jurisdiction of this court under Section 438 of Code of Criminal Procedure to grant anticipatory bail. Petitioner is at liberty to surrender before the Magistrate and seek bail. If petitioner surrenders and files application for bail Magistrate shall pass appropriate order in accordance with law, without delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.