IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 609 of 2008() ---------------------------- CRIME NUMBER NOT KNOWN PETITIONERS : ACCUSED ----------------- SHUKKUR.K.K, S/O.KOCHUNNI, KINATTUKARAYIL HOUSE, TALAYOLAPARAMBU.P.O, VAIKOM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT/STATE ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.609 of 2008 ------------------------------------- Dated this the 28th day of January, 2008 ORDER Application for anticipatory bail. Petitioner has come to this Court apprehending that he who was scheduled to get married on 27.01.08 is likely to be arrested vexatiously by the police. The learned Public Prosecutor was directed to take instructions and after hearing both sides, interim directions were issued on 25.01.08. 2. It is now reported that the petitioner has not since been arrested. The petitioner apprehends that the police may arrest him on the false allegation that he has committed non bailable offences. 3. The learned Public Prosecutor submits that the petitioner is not arrayed as an accused in any crime now. So the petitioner is not, at the moment, required to be arrested also. But Crime 1194 of 2007 of Kalamassery Police Station has been registered alleging commission of offences punishable, inter alia, under Sections 326 and 452 I.P.C. The crux of the allegations in that crime is that on account of some rivalry between 2 groups of B.A.No.609 of 2008 2 Muslims regarding the conduct of a Madrassa, the defacto complainant, an important functionary of the local juma ath, was attacked by an unknown person identifiable on sight. Police are making enquiries to ascertain the identity of the miscreant. Many persons have been questioned and there is some lingering suspicion that a person who answers the description of the petitioner may have committed the offence. In connection with that investigation, only to cross check details, the petitioner was required to be present before the police on 23.01.08. He has not appeared so far. Instead, he had come to this Court with this application for anticipatory bail. The petitioner is not now required to be arrested. But after interrogating him and after verifying the details which he may give, if he is found to be involved in the commission of the offence in Crime 1194 of 2007, he may have to be arrested. At the moment as he is not arrayed as an accused, he need not be arrested. The petitioner may not now be permitted to arm himself with an order of anticipatory bail. If such an order of anticipatory bail is granted, that would hamper the smooth course of investigation. The petitioner may be directed to appear before the Investigating Officer and make himself available for interrogation to verify and cross check the B.A.No.609 of 2008 3 details. The petitioner need not apprehend any vexation. He shall not be arrested in this crime before materials are collected pointing to his involvement if any in the alleged crime, submits the learned Public Prosecutor . 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. The petitioner is not now required to be arrested. He is required only to be interrogated for the proper investigation of Crime 1194 of 2007 of Kalamassery Police Station. I agree with the learned Public Prosecutor that it is not necessary at the moment to permit the petitioner to arm himself with an order of anticipatory bail before he faces interrogation as a witness in that crime. 5. This bail application is, in these circumstances, dismissed. (R.BASANT, JUDGE) rtr/-