IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2117 of 2008()
1. SHIYALA, PROPRIETEX, SHIYALA TRAVELS,
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY PUBLIC
... Respondent
2. SUB-INSPECTOR OF POLICE, CENRAL POLICE
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :09/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2117 of 2008
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Dated this the 9th day of April, 2008
ORDER
Application for anticipatory bail. The petitioner – a
woman, apprehends arrest on the allegation that she has
allegedly committed non-bailable offences against one M/s Air
Travel Enterprises. Some amounts are due from her to the
said M/s Air Travel Enterprises. For the discharge of that
liability, a cheque has been issued also. The cheque has not
been presented yet. To vex and harass the petitioner, the
petitioner is being called to the Police Station frequently.
2. The learned Public Prosecutor, after taking
instructions, submits that the respondent/police have no
intention to arrest the petitioner at all. No crime is registered
against her and she is not required to be arrested. She is not
required now to attend the Police Station also, it is submitted.
B.A. No. 2117 of 2008 -: 2 :-
It is true that complaints about amounts due have been raised
before the police by the rival contestants and it was, in these
circumstances, that the petitioner was required to appear before
the police. Now the petitioner is not required to appear before
the police. There is no case against her. She will not be
arrested also, undertakes the learned Public Prosecutor
unambiguously. The S.H.O. of the Central Police Station did not
report before the learned Public Prosecutor initially and this
obliged the learned Public Prosecutor to make a report to this
Court that no instructions are being received. Hence the Officer
i.e., Mr.V.S. Navaz, the Principal Sub Inspector of Police of the
Central Police Station was directed to be present in court and it
is after discussions with him that the learned Public Prosecutor
makes these submissions/undertakings.
3. The apprehension of the petitioner is thus found to be
without any basis. If the petitioner were hereafter required to
be arrested or called to the Police Station in connection with the
present controversy, prior intimation shall be given to the
petitioner and prior permission of this Court shall be taken,
submits/undertakes the learned Public Prosecutor.
4. The submissions and undertakings of the learned Public
B.A. No. 2117 of 2008 -: 3 :-
Prosecutor are accepted. I am satisfied that the apprehension of
the petitioner is, in these circumstances, without any basis.
5. This petition is accordingly dismissed as agreed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge