IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7759 of 2007() ----------------------------- CMP.5183/2007 of J.M.F.C.-III,THRISSUR [CRIME NO.650/2007 OF THRISSUR TOWN EAST POLICE STATION] .................... : APPLICANT/ACCUSED ---------------------------------- RAJU @ RAJU SAIT, S/O.BHANU DAS, P.O.LENERY, PITTA TALUK, DAMGLI DISTRICT, MAHARASHTRA. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING SUB INSPECTOR OF POLICE, OLLUR POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, ALONG WITH BA NO. 7763 OF 2007 BA NO. 7764 OF 2007, BA NO. 7766 OF 2007 BA NO. 7767 OF 2007, BA NO. 7769 OF 2007, BA NO. 7770 OF 2007, BA NO. 7771 OF 2007 BA NO. 7772 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.7759, 7763,7764,7766 7767,7769,7770,7771 & 7772 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R These applications are filed for anticipatory bail. The petitioner apprehends that he may be arrayed as an accused and arrested in these crimes. 2. The learned Public Prosecutor, after taking instructions, submits that the petitioner is not required to be arrested in any other crimes than in crime Nos.440/07 and 509/07 of Cherpu police station. In respect of all the other crimes, the learned Public Prosecutor stipulates that the petitioner has not been arrayed as an accused and shall not be arrested as an accused in any of these crimes. If on any later date it is found that the arrest of the petitioner is required in any of such crimes, the petitioner shall be given prior notice and prior permission of this court shall be taken before effecting such arrest, submits the learned Public Prosecutor. 3. The said submission of the learned Public Prosecutor is taken note of and hereby recorded. The application for anticipatory bail in B.A.Nos.7759,7763,7764,7766,7767,7769 B.A.No.7759 & CONN.CASES 2 and 7772 are in these circumstances dismissed after accepting the said submission and undertaking. 4. We now come to B.A.Nos.7770 and 7771 of 2007. In both these crimes, the petitioner has been arrayed as an accused. When these matters came up for hearing on 17/12/2007, there was an undertaking made by the learned Public Prosecutor that the petitioner shall not be arrested in these cases till the next date of posting. Accordingly, the case was posted to this date, that is 02/01/2008, accepting the said undertaking. The learned Public Prosecutor had on the very next day reported to this court that the said undertaking/submission was made overlooking the fact that the petitioner who was in custody already has been shown as arrested in these two crimes. It is now submitted at the Bar that in both these crimes the petitioner has already been enlarged by the learned Magistrate. An application for custody is pending before the learned Magistrate. I need only observe that the learned Magistrate must dispose of such application also expeditiously. The petitioner having already been enlarged on bail in these two crimes, the petitions for anticipatory bail in respect of those crimes can also be dismissed. B.A.No.7759 & CONN.CASES 3 5. In the result, these petitions are dismissed in the above circumstances accepting the submissions of the learned Public Prosecutor and with direction to the learned Magistrate to dispose of the application for custody in the said two crimes expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.7759 & CONN.CASES 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007