IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5553 of 2009 CRIME NO.1180 OF 2008 OF KOTTARAKKARA POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- MADHU, AGED 34 YEARS, S/O.RAMASWAMI, KAVYA BHAVAN, MYLOMKULAM MURI, PUTHOOR (PO), KULAKKADA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5553 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 2009 O R D E R Apprehending arrest by the Kottarakkara Police in Crime No.1180 of 2008, 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. Learned Public Prosecutor submitted that final report was filed in the crime and the case was referred by the police. It is submitted that the refer report was filed by the police before Court. In view of the fact that refer report is filed by the police, it cannot be said that there is any apprehension of arrest by the police. Accordingly, the Bail Application is closed. (K.T.SANKARAN) Judge ahz/