IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Bail Appl..No. 4864 of 2009() ----------------------------- (Crime No. 346/2009 of Karamana Police Station, Thiruvananthapuram) PETITIONERS / ACCUSED 1,3 &4 ---------------------------------- 1. SUGUNA MOHAN, AGED 50 YEARS, T.C.NO. 4/960, SEEMA BHAVAN, APRA 9-A, KANDUKAZHCHA LANE, MARUTHOORKADAVU, THIRUVANANTHAPURAM. 2. MAHESH, S/O.MADHAVAN, 'SAIKRIPA' TC.37/1673, PUNNAKKAL ROAD, FORT PO, THIRUVANANTHAPURAM. 3. JITHU MOHAN, S/O.SUGUNA MOHAN,TC.NO.4/960, KANDUKAZHCHA LANE, MARUTHOORKADAVU, THIRUVANANTHAPURAM. BY ADV. MR. G.SUDHEER RESPONDENT / COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ K.T. SANKARAN, J. --------------------------- B.A. No. 4864 of 2009 ------------------------------------ Dated this the 5th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1, 3 and 4 in Crime No.346/2009 of Karamana Police Station. 2. The offences alleged against the petitioners are under sections 406 and 420 r/w section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 14th October 2009, the following order was passed. “ After having heard the learned Counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. On 20th and 21st October 2009. Post on 26.10.2009. It is submitted by the learned public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No. 346 of 2009 of Karamana Police Station.” B.A. No. 4864 of 2009 2 4. The learned Public Prosecutor submitted that the petitioners have not complied with the directions contained in the order dated 14th October 2009. 5. Since the petitioners have not complied with the order dated 14th October 2009, they are not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN JUDGE kkms/