IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3665 of 2008() ----------------------------- : PETITIONER: ---------------------------- POOZHIKODAN ALAVI, S/O. MOYI, ASAS MANZIL, WOMEN' ARABIC COLLEGE ROAD, P.O. MONGOM, VIA. KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT/ STATE: ---------------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA COCHIN-682 031. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3665 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2008 O R D E R Application for anticipatory bail. 2. According to the petitioner, he is employed in Macca at Saudi Arabia for the past 18 years. His family is permanently residing in Malappuram District. A person by name Eimudeen Haji filed a complaint prior to 2005 alleging that he gave some amount to a person abroad and it is known to petitioner. But, the money was lost and hence, he insisted that the petitioner should give the money to him. Since petitioner has no liability he refused. Hence, for procuring the said amount from the petitioner, he lodged a complaint against the petitioner before the police, Embassy, etc. On direction by the Director General of Police, a thorough investigation was conducted and it was found that the petitioner has absolutely nothing to do with the transaction. The matter was closed. 3. Thereafter, after three years the Dy.S.P., Perinthalmanna has sent the Sub Inspector, Perinthalmanna to the residence of the petitioner and it causes great hardship to the petitioner. He apprehends that he will be implicated in a non-bailable offence without any basis and arrested. It is BA 3665/08 -2- also pointed out that the petitioner is not residing within the jurisdiction of Dy.S.P., Perinthalmanna. 4. The learned Public Prosecutor submitted that Dy. S.P., Perinthalmanna enquired into the matter only on direction by the Superintendent of Police who was directed by the D.G.P. to look into the matter, on a complaint filed by Sri. Eimudeen Haji. The Dy.S.P. has no personal interest in the matter nor anything against the petitioner also. On enquiry, it is found that there is no substance in the allegations made against the petitioner. The petitioner is not required for arrest in connection with any non-bailable offence and no crime is registered against the petitioner, it is submitted by the learned Public Prosecutor. This submission is recorded. Since the petitioner is not an accused in a non bailable offence, there is no question of granting anticipatory bail. The application is disposed of as above. K. HEMA, JUDGE. mn.