IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 2085 of 2010() ---------------------------------- CRIME NO. 77/2010 OF SATANA POLICE STATION, NASHIK DISTRICT, MAHARASHTRA ........................ APPLICANT/ACCUSED : -------------------------- SUNILKUMAR, AGED 36 YEARS, ASHIRVADH, PRATIBHA BYE LANE ROAD, SOUMYA NAGAR, PADIVATTOM, ERNAKULAM. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS/COMPLAINANT: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, SATANA POLICE STATION, NASHIK DISTRICT, MAHARASHTRA. 3. STATION HOUSE OFFICER, THRIKKAKARA POLICE STATION. BY SRI. C.M. KAMAPPU PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.2085 of 2010 ------------------------------ Dated this the 31st day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is stated that the petitioner is an accused in Crime No.77 of 2010 of Satana Police Station, Nashik District, Maharashtra. 2. The offences alleged against the petitioner are under Sections 403, 406, 419 and 420 read with Section 34 of the Indian Penal Code. 3. It is stated that one Jayesh was introduced by the petitioner to the de facto complainant, a dealer in onion at Nashik. The petitioner submits that he has no connection with any other dealings between Jayesh and the de facto complainant. Jayesh was arrested and he is undergoing detention, submits the counsel. 4. The petitioner apprehends arrest within the State of Kerala and therefore, he has filed this application for anticipatory bail. The counsel for the petitioner submitted that the petitioner B.A.No.2085 of 2010 2 intends to appear before the court concerned and seek regular bail or to resort to other legal remedies. The limited prayer made by the petitioner is that a breathing time may be granted to him either to appear before the court having jurisdiction or to resort to other legal remedies before the appropriate court. The request is just and reasonable. 5. In these circumstances, the Bail Application is disposed of with a direction to the third respondent not to arrest, or facilitate the arrest of, the petitioner in connection with Crime No.77 of 2010 of Satana Police Station, Nashik, Maharashtra for a period of three weeks from today. The petitioner shall surrender before the Court having jurisdiction in respect of Crime No. 13 of 2010 of Satana Police Station, Nashik District, Maharashtra within three weeks unless it becomes unnecessary as per the order passed by any competent Court. No further orders are required in the Bail Application. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE ln B.A.No.2085 of 2010 3