IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6149 of 2009() ----------------------------------- CRIME NO. 452/2009 OF THE ETTUMANOOR POLICE STATION ........................ PETITIONER/ACCUSED: ---------------------------------- SELVARAJAN ACHARI, S/O.THANKAPPAN ACHARI, THACHOLIL HOUSE, MUNDIYOORKONAM.P.O, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.P.S.RAMACHANDRAN PILLAI RESPONDENTS/STATE-INVESTIGATING OFFICER: ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6149 of 2009 ------------------------------------ Dated this the 26th day of October, 2009 O R D E R Apprehending arrest by Ettumanoor Police in Crime No. 452/2009 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. The offences alleged against the accused person are under Section 457 and 511 of 380 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that the petitioner is suspected to have received the stolen property. The accused persons who committed the theft have not been arrested. Only after their arrest, it could be ascertained whether the petitioner has committed the offence. As of now, the petitioner is not an accused in the case and it is submitted that there is no intention for the investigating officer to arrest the petitioner. This submission is recorded and the bail application is closed with liberty of the petitioner to approach this court again as and when occasion arises. K.T. SANKARAN, JUDGE. ln