IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2762 of 2008 -------------------------------------- (CRIME NO. 153/2008 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM). ............................... PETITIONERS/ACCUSED: ------------------------------------ 1. SANTHOSH, AGED 24, S/O.SREEKUMARAN NAIR, ARAKAL, SREE MURUGA NIVAS, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. SABU, AGED 19, S/O.SUGUNAN, ULLOOR GRAMAM, KOCHULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. MANU, AGED 21, S/O.MANIKANTAN, THUNDUVILAKATHU VEEDU, KOCHULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL, ADV. SRI.VISHNU S.CHEMPAZHNATHIYIL. RESPONDENTS/ COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN,J. ----------------------------------------- B.A.NO.2762 OF 2008 ----------------------------------------------------- DATED THIS THE 6TH DAY OF MAY, 2008 O R D E R This is an application for anticipatory bail under Section 438 Cr.P.C. 2. Public Prosecutor submits that it is incorrect to state that in Crime No.153/08 wherein this application for bail has been filed, the petitioners are accused Nos.1 to 3, as the crime is registered without mentioning the names of anyone as an accused and the information was only that the accused were persons who could be identified at sight. All the same prosecutor submits that the petitioners are suspects and if at all evidence is gathered to the effect that they have committed the crime, they will be arraigned as accused. However, in view of the submission of the counsel for the petitioner that the defacto complainant gave the FI statement on a misconception and that he had got back the money which he had lost and that he has no grievance at all, which if true, will not necessitate further investigation into the case. B.A.NO.2762/08 2 In the result, without prejudice to the petitioners moving for anticipatory bail afresh, if need arises, I dismiss this application for anticipatory bail. K.P.BALACHANDRAN, JUDGE. dsn