IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 5962 of 2011() ----------------------------- PETITIONERS/ACCUSED --------------------------------------- 1. KRISHNA P.NAIR @ KRISHNAMMA, W/O.PRAVEENKUMAR, AGED 49 YEARS, KALAPLAKKAL HOUSE, THONDIYIL P.O., PERAVOOR, THALASSERY, KANNUR DISTRICT. 2. DILEEPKUMAR C., S/O.CHANDRASEKHARAN NAIR AGED 38 YEARS, PRANAVAM, P.O.MANATHANA, PERAVOOR, THALASSERY, KANNUR DISTRICT. 3. SREEJA DILEEP, W/O.DILEEPKUMAR, AGED 30 YEARS, PRANAVAM P.O., MANATHANA, PERAVOOR, THALASSERY, KANNUR DISTRICT. 4. SREEKALA P.NAIR, W/O.ANILKUMAR, AGED 28 YEARS, KALAPLAKKAL HOUSE, THONDIYIL P.O., PERAVOOR, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE STATION HOUSE OFFICER, PERAVOOR POLICE STATION, KANNUR DISTRICT, PIN 670674. 3. THE STATION HOUSE OFFICER, AMAR COLONY POLICE STATION, (CRIME NO.171 OF 2011) NEW DELHI, PIN 110016. PUBLIC PROSECUTOR SRI.V.MANU ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.5962 of 2011 ---------------------------------------- Dated this the 6th day of September, 2011 ORDER The petitioners apprehend arrest at the instance of police personnel of Amar Colony Police Station, New Delhi in Crime No.171 of 2011, on an accusation of the petitioners having committed non bailable offence. 2. Learned Public Prosecutor, on instructions, submitted that as of now, the petitioners are not arrayed as the accused in Crime No. 171/2011 and as such there is no intention to arrest them. Learned Public Prosecutor also submitted that if it becomes necessary to arrest the petitioners or any one of them, sufficient prior notice will be given to them. 3. The apprehension of the petitioners is that if they are arrested by the Delhi police in Kerala, they would not get proper assistance and they will be harassed. 4. The court having jurisdiction is the appropriate court in New Delhi. The Kerala High Court cannot monitor the situation and deal with the complaints, allegations and counter allegations in respect of the case. As held in Koshi Vs. State of B.A.No.5962 of 2011 2 Kerala [2010 (1) KLT 945] and the decisions relied on in that judgment, the maximum that the petitioners could aspire for is a breathing time to enable them to appear before the appropriate court and seek appropriate remedies. 5. Accordingly the bail application is disposed of as follows: a) If the petitioners are arrested within a period of one month from today, within the State of Kerala, in Crime No.171/2011 of Amar Colony Police Station, New Delhi, either by the investigating officer on his own or on the basis of a warrant issued by Court, the petitioners shall be released on bail on their furnishing bond for Rs.25,000/- each with two solvent sureties for the like sum to the satisfaction of the Chief Judicial Magistrate Court, Thalassery. b) The petitioners shall make themselves available for interrogation by the investigating officer, in the office of District Superintendent of Police, Kannur on such dates as intimated by B.A.No.5962 of 2011 3 the District Superintendent of Police, Kannur. Within the aforesaid period of one month, the petitioners shall seek appropriate remedy before the jurisdictional Court. In other words, this order will cease to have any operation on the expiry of the period of one month. SD/- K.T.SANKARAN, JUDGE rkc //TRUE COPY// PA TO JUDGE