IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8252 of 2011() ----------------------------- CRIME NO: 737/2009 OF PATHANAMTHITTA POLICE STATION PETITIONER: ----------- RAKESH S. MOHAN, S/O SMT. SHANTHI MOHAN, SWARAJ, NEAR COLLECTORATE, PATHANAMTHITTA. BY ADVS. SRI.C.V.MANUVILSAN SRI. P.G. SURESH SMT. VIDYA MANUVILSAN SRI.RAJAN VISHNURAJ RESPONDENT: ----------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PATHANAMTHITTA, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVERNMENT PLEADER SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 8252 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 O R D E R Petitioner apprehends arrest and detention in Crime No.737/2009 of Pathanamthitta Police Station for offence under Sections 457, 461 and 380 of Indian Penal Code, though he is not arrayed as accused. With this plea, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest. 2. The learned Government Pleader submits that the investigating officer, though suspects the petitioner, for want of sufficient materials, he is not so far arrayed as accused. Therefore, it cannot be said that the petitioner is being harassed by the respondent or that there is any intention to arrest or detain the petitioner. However, taking note that the petitioner is a Fire and Safety officer employed in Chennai and having regard to the nature of the crime, I dispose of this petition with a direction to the respondent that in the event the petitioner is arrayed as an accused and is arrested, after B.A. No. 8252 of 2011 2 interrogation and recovery if any, he shall be released on bail on executing the bond for Rs.20,000/- with two solvent sureties to the satisfaction of the investigating officer on condition that he shall report before the investigating officer as and when called upon and he shall not leave Ernakulam District without permission and also apply for regular bail within one month thereafter. P.S. GOPINATHAN, JUDGE. Scl.