IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3631 of 2009 CRIME NO.11 OF 2009 OF SULTHAN BATHERY POLICE STATION CRMP.1265/2009 OF SESSION'S COURT, KALPETTA, WYNAD PETITIONER: -------------------- REJI, S/O.VARGHESE, AGED 40 YEARS, PELAKKUDI HOUSE, KOLIYADI P.O., NENMENI AMSOM, S.BATHERY TALUK. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT: --------------- STATE OF KERALA, (CRIME NO.11/2009 OF SULTHAN BATHERY POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3631 OF 2009 ------------------------------------------------------ Dated this the 6th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.11 of 2009 of Sulthan Bathery Police Station. 2. Learned Public Prosecutor submitted that charge was laid in the case on 31.5.2009. Since the charge was laid by the investigating officer, I do not think it is necessary to entertain the application for anticipatory bail. There cannot be any apprehension for the petitioner that he will be arrested by the investigating officer on an accusation of having committed a non-bailable offence. The Bail Application has therefore become unnecessary. It is accordingly closed. (K.T.SANKARAN) Judge ahz/