IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 4490 of 2009() ----------------------------- PETITIONER ------------------------------ K.SATHYAPALAN, S/O.NARAYANAN NAMBIR, AGED 55 YEARS, KOYIPARATH HOUSE, MAKRERI P.O., PERALASSERY, KANNUR. BY ADV. MR. SUNIL NAIR PALAKKAT MR. K.N.ABHILASH RESPONDENT / COMPLAINANT & STATE ---------------------------------- THE STATE OF KERALA, REP. BY THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT, (THROUGH PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM). PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ K.T. SANKARAN, J. --------------------------- B.A. No. 4490 of 2009 ------------------------------------ Dated this the 6th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Apprehending arrest on an accusation of having committed a non bailable offence, on a petition filed by his wife Smt.K.P.Valsala, the petitioner has filed this application for Anticipatory Bail. It is submitted that any Police Officer in Kannur District is likely to arrest the petitioner. 3. The petitioner states that his wife is a close relative of a Cabinet Minister of the State and that she has great influence among the officers of the Police in Kannur District. The petitioner states that he is employed in Oman. It is also stated that in 2008, when he came to India, an attempt was made to arrest him. He apprehends the same scenario when he visits India either in November or in December 2009. 4. The petitioner states that he had filed O.P.300/05 before the Family Court, Kannur against his wife for divorce and that petition was allowed by an exparte order. The wife of the B.A. No. 4490 of 2009 2 petitioner has filed an application to set aside the exparte order. That application is pending. 5. The petitioner also states that M.C.No.496/07 and O.P.No.701/07 filed by his wife are pending before the Family Court, the former being for the maintenance and the latter for past maintenance. 6. A statement dated 3rd November 2009 is filed by the petitioner in which it is indicated that the petitioner proposes to visit India during December 2009. It is also stated that all the cases pending before the Family Court, Kannur are posted to 23.11.2009. The learned Counsel for the petitioner submits that if the presence of the petitioner is compulsory required on 23.11.2009, the petitioner would certainly come to India before that date. 7. The learned Public Prosecutor submitted that no crime is registered against the petitioner in any of the Police Stations in Kannur District. On instructions, the learned Public Prosecutor submitted that the Police has no intention to arrest the petitioner. No petition was received from Smt. K.P.Valsala, B.A. No. 4490 of 2009 3 the wife of the petitioner alleging any offence committed by the petitioner. The submission made by the learned Public Prosecutor is recorded. On the basis of the submission made by the learned Public Prosecutor, it is to be held that there is no threat of arrest of the petitioner on the basis of any petition filed by his wife Smt. K.P.Valsala. The Bail Application is accordingly closed reserving the right of the petitioner to approach this Court again as and when occasion arises. K.T. SANKARAN JUDGE kkms/