IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 4585 of 2009 CRIME NO.266 OF 2008 OF FEROKE POLICE STATION PETITIONER: -------------------- ASHEER,S/O.KHALID, 25 YEARS,VALAPPIL,BEYPORE, KOZHIKODE. BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) RESPONDENT: --------------- STATE OF KERALA, S.I.OF POLICE,FEROKE POLICE STATION, KOZHIKODE REP.BY STATE PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4585 OF 2009 ------------------------------------------------------ Dated this the 13th day of October, 2009 O R D E R Apprehending arrest in Crime No.266 of 2008 of Feroke Police Station, on an accusation of having committed non-bailable offence, the petitioner has filed this Bail Application under Section 438 of the Code of Criminal Procedure. 2. On 26.8.2009, when the Bail Application came up for hearing, the following order was passed: “After having heard the learned counsel for the petitioner as well as the learned Public Prosecutor and also taking into account the submission of the learned counsel for the petitioner that the petitioner is prepared to co- operate with the investigation, there will be a direction that the petitioner shall appear before the investigating officer on 28th and 29/9/2009. Post the case on 9/9/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then.” B.A.NO.4585 OF 2009 :: 2 :: 3. Learned Public Prosecutor submitted that the investigating officer is of the view that the petitioner need not be arrayed as an accused in the case as no offence is made out against the petitioner. It is also submitted that there is no intention to arrest the petitioner. This submission is recorded. The Bail Application is accordingly closed with liberty to the petitioner to approach the court again as and when occasion arises. (K.T.SANKARAN) Judge ahz/