IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2232 of 2008() ----------------------------- CRIME NO. 122/08 OF BEKAL POLICE STATION PETITIONER : 2ND ACCUSED ---------------------------- BASHEER, S/O.ABDUL RAHIMAN KOTA KUNNIL HOUSE, UDUMA PO, HOSDURG TALUK KASARAGODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE BAKEL POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2232 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest as the second accused in Crime No. 122 of 2008 of Bekal Police Station registered alleging offences punishable under Sections 447 and 435 r/w. 34 I.P.C. 2. The learned counsel for the petitioner submits that the petitioner has not been arrayed as an accused in this crime. But even if he were arrayed as an accused, he is not entitled for any direction under Section 438 Cr.P.C. in as much as the offences alleged are only bailable. 3. The learned Prosecutor submits that the petitioner is not now required to be arrested and that even if arrested he is entitled for bail as of right under Section 436 Cr.P.C. The submissions of the learned Prosecutor are accepted. The learned Prosecutor undertakes that if later in this crime the petitioner were to be arrested as an accused on an allegation that he has committed B.A.No. 2232 of 2008 2 non-bailable offence, prior information shall be given to the petitioner and prior permission of this Court shall be taken before any such arrest is effected. 4. The submissions of the learned Prosecutor are taken note of and hereby recorded. I accept the same. The apprehension of the petitioner is found to be without any merit. 5. This petition is accordingly dismissed as unnecessary now. (R. BASANT) Judge tm