IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2232 of 2008()
1. BASHEER, S/O.ABDUL RAHIMAN
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
2. STATE REP; BY PUBLIC PROSECUTOR
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/04/2008
O R D E R
R. BASANT, J.
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B.A.No. 2232 of 2008
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Dated this the 10th day of April, 2008
O R D E R
Application for anticipatory bail. The petitioner
apprehends arrest as the second accused in Crime No. 122 of
2008 of Bekal Police Station registered alleging offences
punishable under Sections 447 and 435 r/w. 34 I.P.C.
2. The learned counsel for the petitioner submits that the
petitioner has not been arrayed as an accused in this crime. But
even if he were arrayed as an accused, he is not entitled for any
direction under Section 438 Cr.P.C. in as much as the offences
alleged are only bailable.
3. The learned Prosecutor submits that the petitioner is not
now required to be arrested and that even if arrested he is entitled
for bail as of right under Section 436 Cr.P.C. The submissions of
the learned Prosecutor are accepted. The learned Prosecutor
undertakes that if later in this crime the petitioner were to be
arrested as an accused on an allegation that he has committed
B.A.No. 2232 of 2008
2
non-bailable offence, prior information shall be given to the petitioner
and prior permission of this Court shall be taken before any such arrest
is effected.
4. The submissions of the learned Prosecutor are taken note of
and hereby recorded. I accept the same. The apprehension of the
petitioner is found to be without any merit.
5. This petition is accordingly dismissed as unnecessary now.
(R. BASANT)
Judge
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