IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2782 of 2009() ----------------------------- NO CRIME REGISTERED PETITIONERS ------------------------------- VIJAYAN, AGED 43 YEARS S/O.APPU, AMBALAKKADU HOUSE,KALLEPULLY PALAKKADU. BY ADV. SRI.M.K.FAISAL RESPONDENT(S): --------------- STATE OF KERALA REP BY SUB INSPECTOR OF POLICE MALAMBUZHA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2782 of 2009 ----------------------------------------- Dated this the 2nd June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The petitioner states that he apprehends arrest on an accusation of having committed non bailable offence on the basis of a complaint filed by one Sakkir. It is stated that the petitioner sold an item of immovable property to Sakkir in the year 2003. According to the petitioner, Sakkir has approached the Police stating that before the sale of the property, the petitioner had entered into an agreement with one Vellakutty in the year 1995 and the sale of the property to Sakkir was without disclosing the agreement with Vellakutty. The petitioner also states that the police is out and out to arrest him because he had made a complaint against a police officer for having committed offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. BA.2782/09 2 3. Learned Public Prosecutor submits that no crime is registered against the petitioner on a complaint filed by Sakkir and that the police had informed Sakkir that no offence is made out on the allegation made by him. It is also stated that there is no intention to arrest the petitioner on the complaint made by Sakkir. The submission made by the learned Public Prosecutor is recorded. Since there is no move to arrest the petitioner in the circumstances mentioned above, the bail application is closed. K.T.SANKARAN, JUDGE vgs.