IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 217 of 2010 CRIME NO.313 OF 2009 OF PALAI POLICE STATION PETITIONER : --------------------- SALLY SABU, W/O.SABU JACOB, KOLLIYIL HOUSE, MELAMPARA P.O. KOTTAYAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA, KOTTAYAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PALAI CIRCLE, PALAI, KOTTAYAM DISTRICT. 3. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 4. SABU JACOB, AKKARAKULATHIL BHARANANGANAM, NEAR ASSISI DHANA KENDRA. 5. ALEX MATHEW, PULICKAL, MUTHOLY. 6. RINU, S/O.MANI, KUNNEL PURAYIDOM, BHARANANGANAM VILLAGE AND KARA, KOTTAYAM DIST. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 217 OF 2010 ------------------------------------------------------ Dated this the 11th day of February, 2010 O R D E R Apprehending arrest by the Sub Inspector of Police, Erattupetta or by the Circle Inspector of Police, Palai, on an accusation of having committed non-bailable offence, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Learned Public Prosecutor submitted that, the petitioner is the second accused in Crime No.313 of 2009 of Palai Police Station for the offences under Sections 406 and 420 read with Section 34 of the Indian Penal Code. The learned Public Prosecutor also submitted that, after completing investigation, final report was filed in the case on 30.10.2009. Since the final report is filed, the petitioner cannot have any reasonable apprehension that the investigating officer would arrest her. Therefore, this Bail Application is not maintainable. Leaving open the right of the petitioner to move for regular bail, this Bail Application is closed. (K.T.SANKARAN) Judge ahz/