IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5337 of 2009 PETITIONER: -------------------- RAJESH SIVARAM, AGED 41 YEARS, LAKSHMI NILAYAM, PUTHUKKALAVATTOM ROAD, PUNNAKKAL, ELAMAKKARA. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5337 OF 2009 ------------------------------------------------------ Dated this the 14th day of October, 2009 O R D E R Apprehending arrest by Kalamasserry Police on an accusation of having committed non-bailable offence, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Learned Public Prosecutor, on instructions, submitted that though the wife of the petitioner has filed a petition and though the petitioner was directed to appear before the police, no further action is taken as the petitioner did not appear. It is further submitted by the learned Public Prosecutor that no crime is registered and, therefore, there is no intention to arrest the petitioner. The submission made by the learned Public Prosecutor is recorded. 3. Learned counsel for the petitioner submitted that the petitioner is admitted in the De-addiction Centre and that he is not in a position to appear before police. This submission is also recorded. B.A. NO. 5337 OF 2009 :: 2 :: In view of the submissions made by the learned Public Prosecutor, the Bail Application is closed with liberty to the petitioner to approach this Court as and when occasion arises. (K.T.SANKARAN) Judge ahz/