IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2225 of 2010() ----------------------------------------- CRIME NO.36/2010 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER ------------------ SARITHA NAIR, D/O.INDIRA SOMAN, RESIDING AT VATTAPPARA PADINJARETHIL, VATTAPPARA, KEEZHCHERIMALKARA,CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K. HEMA, J. --------------------------- B.A. No. 2225 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R Petition for bail under Section 439 of the Code of Criminal Procedure. 2. Learned Public Prosecutor submitted that as per the instruction received, the petitioner is not arrested in Crime No. 36/2010 of Valiyathura Police Station till date. But an order was passed by the learned Magistrate in this case, under Section 437 of the Code of Criminal Procedure by some mistake. These submissions are recorded. 3. In such circumstances, I find that bail cannot be granted under section 439 of the Code of Criminal Procedure, since petitioner is not in custody in Crime No. 36/2010. Petition is dismissed. K. HEMA, JUDGE ln