IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1218 of 2010() ----------------------------- CRIME NO.11/2002 OF VELLARIKUNDU POLICE STATION .................... PETITIONER/ACCUSED NO.9 ------------------------------------------- SEBASTIAN PATHALIL, AGED 50 YEARS, S/O.MATHEW, RESIDING AT NALLAMPUZHA, KANNIVAYAL P.O., PCHERUPUZHA, KASARGOD DIST. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT & STATE --------------------------------- STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, KASARGOD DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1218 of 2010 --------------------------------------------- Dated this the 11th day of March, 2010 O R D E R The petitioner apprehends arrest on an accusation of having committed the offence under Section 489(B) of the Indian Penal Code in Crime No.11 of 2002 of Vellarikundu Police Station. 2. Originally, the case was being investigated by Vellarikundu police. Accused Nos.1 to 8 were arrested. Thereafter, the investigation of the case was handed over to CBCID. Even before the investigation was handed over to CBCID, on the basis of the information gathered, the petitioner was arrayed as accused No.9. Later, accused No.9 was deleted from the array of parties by the CBCID. 3. The prosecutor filed an application before the Sessions Court, Kasaragod stating that further investigation is required. The Sessions Court allowed the application and further investigation was permitted to be made under Section 173(8) of the Code of Criminal Procedure. Further investigation is going BA No.1218/2010 2 on. The petitioner apprehends that he would be arrested in respect of the case. 4. The learned Public Prosecutor, on written instructions, submitted that no evidence is available to show that the petitioner is also involved in the case and therefore, his arrest is not required in the case. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioner to approach this Court as and when occasion arises. K.T.SANKARAN, JUDGE csl