IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5595 of 2008()
1. SIVAPRASAD @ ARAVINDAN, S/O.NARAYANAN,
... Petitioner
2. VIJAYALAKSHMI, VETTUKULANJI THEKKETHIL
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :29/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 5595 of 2008
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Dated this the 29th day of January,2009
O R D E R
Petition for anticipatory bail.
2. A crime was registered under the caption “unnatural
death” and subsequently, offences under sections 498A and 306
read with section 34 IPC were incorporated. Thereafter, a report
was filed stating that offence under section 302 IPC is also
involved.
3. Notices were issued to accused 1 and 2 by the
committal court and learned Magistrate was of view that though
a prayer was made by the Investigating Officer to cancel the
bail, there was no sufficient reason to allow the prayer. The
court found that court can only direct the accused to apply for
fresh bail, since a grave offence was included. Therefore,
accused 1 and 2 were directed to apply for fresh bail for offence
under section 302 read with section 34 IPC. within seven days.
In this context, petitioner has applied for anticipatory bail.
4. On hearing both sides, it is clear that offence under
section 302 IPC was included and investigation is being
conducted. Learned Magistrate has only directed the petitioner
to apply for fresh bail. The bail is not cancelled and no arrest is
ordered. Therefore, no apprehension of arrest exists and hence,
BA 5595/08 -2-
anticipatory bail cannot be granted, in the absence of any
apprehension of arrest.
This petition is dismissed.
K.HEMA, JUDGE.
mn.