IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2634 of 2008() ----------------------------- CP.97/2007 of J.M.F.C.,MATTANNUR CRIME NO.108/05 OF IRITTY POLICE STATION. .................... PETITIONER --------------------------- PRADEESHKUMAR,S/O. MADAHVAN NAMBIAR RESIDING AT USHAS 10-MEETHALA PUNNADU, P.O. PUNANDU, KANNUR DISTRICT BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. THE C.I. OF POLICE, MATTANNOOR, IRITTY. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2634 of 2008 ------------------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. The petitioner apprehends arrest as an accused in a crime registered under Sec.395 of the IPC. The crime was of the year 2005. Investigation is now complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. The petitioner is not guilty of any offence alleged. There is some mistaken identity which has prompted the police to make false allegations B.A. No. 2634 of 2008 -: 2 :- against the petitioner. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. The learned counsel for the petitioner prays that identical directions as were imposed in favour of the petitioner as per the order dated 1.4.08 in B.A.No.1983/08 may be issued in favour of the petitioner herein. I am satisfied that the said request can be accepted. 3. In the result this bail application is dismissed; but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously – on the date of surrender itself. 4. The contention of the petitioner that he is not the accused in question can, of course, be raised before the learned Magistrate and appropriate orders sought at the appropriate stage. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 2634 of 2008 -: 3 :-