IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 4127 of 2010() ----------------------------- CRIME NO.320/2010 OF VALAPPAD POLICE STATION, THRISSUR DIST. (S): PETITIONER ------------------------------ 1. ARUN,S/O.SATHEESH BABU,KODAPPULY HOUSE, CHEMMAPPULY DESOM,NATTIKA VILLAGE,THRISSUR. 2. SHAIJU, AGED 23 YEARS, S/O.CHANDRANGATHAN, ARUKETTY HOUSE, NEAR S.N.COLLEGE P.O.,NATTIKA, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. STATE REPRESETNED BY PUBLIC PROSUCUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALAPPAD POLICE STATION, (CRIME NO.320 OF 2010)VALAPPAD THRISSUR. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4127 of 2010 ---------------------------------------------- Dated 12th July, 2010. O R D E R This petition is for bail. 2. Learned Public Prosecutor submitted that this bail application is not maintainable, since the arrest of petitioners in this case is not recorded so far, as per the written instructions given. Hence, petitioners are not 'in custody' in respect of the offences alleged in this case, for the purpose of exercising jurisdiction under Section 439 of the Criminal Procedure Code. These submissions are recorded. Petitioners may seek appropriate remedy before appropriate forum. Petition is disposed of accordingly. K.HEMA, JUDGE. tgs