IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 7765 of 2007() ----------------------------- CMP.5183/2007 of J.M.F.C.-III,THRISSUR CRIME 419/07 OF ANTHIKAD POLICE STATION .................... PETITIONER/ 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. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7765 OF 2007 C ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner apprehends arrest in a crime registered for offences punishable, inter alia, under Section 379 IPC. According to the petitioner, he is absolutely innocent and attempts are being made to falsely implicate him in the crime. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioner has not been arrayed as an accused so far in the crime. The principal accused are in custody in some other case and their arrest in the instant case has not been noted. They have to be interrogated further. At the moment, the petitioner is not an accused and he shall not be arrested, submits the learned Public Prosecutor. The learned Public Prosecutor submits that in case the petitioner is to be arrested in future in this crime, the petitioner shall be given prior notice and prior BA.7765/07 : 2 : permission of this Court shall be sought before effecting such arrest. 3. I take note of the submission of the learned Public Prosecutor and hereby make record of the said undertaking. I am satisfied that in these circumstances, no further directions are necessary under Section 438 Cr.P.C. This petition is accordingly dismissed accepting the submission/undertaking of the learned Public Prosecutor. (R.BASANT, JUDGE) aks