IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6729 of 2009() ----------------------------- CRIME NO.406/09 OF CHENDERA POLICE STATION PETITIONER : ACCUSED ------------------------------ SURESH.H.S, S/O.SIVAPPA, AGED 26 YEARS, BELLANAHALLI, MUDANAVALLI POST, SHASIWAN SANTHA, SOMAWANPET.T.Q, KODAGU DISTRICT, KARNATAKA. BY ADV. SRI.SREEJITH S.NAIR SMT.M.RAMYA RAMACHANDRAN SRI.PAUL P. CHACKO RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE S.I OF POLICE, POLICE STATION, CHANDERA, KASARAGOD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6729 of 2009 --------------------------------------------- Dated this the 2nd day of December, 2009 ORDER When the Bail Application came up for hearing on 18.11.2009, the following order was passed : “Apprehending arrest by Chendera Police, Kasaragod District on an accusation of having committed non bailable offence, the petitioner has filed this application for anticipatory bail. Crime number is not shown in the Bail Application. The learned Public Prosecutor submitted that Crime No.406 of 2009 of Chendera Police Station was registered under Section 174 of the Code of Criminal Procedure on account of the unnatural death of the daughter- in-law of the defacto complainant. The petitioner was the Manager of the concern in which the deceased was working. It is also submitted by the learned Public Prosecutor that the petitioner is only a suspect and that he is not made an accused. 2. The learned counsel for the petitioner submitted that the petitioner is not involved in the offence and that he can prove his innocence, BA No. 6729/2009 2 if he gets an opportunity to appear before the investigating officer. 3. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 25.11.2009 and 26.11.2009. The petitioner shall produce a copy of the order before the investigating officer. Post on 2.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.406 of 2009 of Chendera Police Station.” 2. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the direction contained in the order dated 18.11.2009 has been complied with by the petitioner. The learned Public Prosecutor submitted that the petitioner is not made an accused as such in the case and that there is no BA No. 6729/2009 3 intention to arrest him. This submission is recorded and the Bail Application is closed with liberty to the petitioner to approach this Court as and when occasion arises. K.T.SANKARAN, JUDGE csl BA No. 6729/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.6729 of 2009 --------------------------------------------- Dated this the 18th day of November, 2009 ORDER Apprehending arrest by Chendera Police, Kasaragod District on an accusation of having committed non bailable offence, the petitioner has filed this application for anticipatory bail. Crime number is not shown in the Bail Application. The learned Public Prosecutor submitted that Crime No.406 of 2009 of Chendera Police Station was registered under Section 174 of the Code of Criminal Procedure on account of the unnatural death of the daughter-in-law of the defacto complainant. The petitioner was the Manager of the concern in which the deceased was working. It is also submitted by the learned Public Prosecutor that the petitioner is only a suspect and that he is not made an accused. 2. The learned counsel for the petitioner submitted that BA No. 6729/2009 5 the petitioner is not involved in the offence and that he can prove his innocence, if he gets an opportunity to appear before the investigating officer. 3. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 25.11.2009 and 26.11.2009. The petitioner shall produce a copy of the order before the investigating officer. Post on 2.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.406 of 2009 of Chendera Police Station. K.T.SANKARAN, JUDGE csl BA No. 6729/2009 6 Hand over copy to both sides.