Petitioner sought anticipatory bail fearing arrest in a crime where he is not an accused but connected to the accused. Court found apprehension of arrest unreasonable as investigation was pending and Prosecutor undertaken prior notice for any future arrest. Application dismissed.
Application for anticipatory bail is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
WEDNESDAY, THE 12TH DECEMBER 2007 / 21ST AGRAHAYANA 1929
Bail Appl..No. 7351 of 2007() ----------------------------CRIME NO. 651 OF 2007 OF FORT POLICE STATION, TRIVANDRUM
PETITIONER/ACCUSED
ZAKEER.P.V., S/O.PAREED, AGED 30 YEARS, VARICKAMANNIL VEEDU, THODUPUZHA.
BY ADV. SRI.S.RAJEEV
RESPONDENTS: STATE
-----------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.651 OF 2007 OF FORT POLICE STATION, THIRUVANANTHAPURAM).
BY PUBLIC PROSECUTOR SRI. JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 12th day of December, 2007
O R D E R
Application for anticipatory bail. Apprehending arrest in Crime No. 651 of 2007 of Fort Police Station, the petitioner has come before this Court with this application. That crime is registered alleging offence spunishable under Section 489 B & C I.P.C. The petitioner is not shown as an accused, but his brother-in-law, one Shajahan, is shown as an accused. Investigation is in progress. The petitioner has not been arrayed as an accused so far. Because of his connection with his brotherin-law, the petitioner apprehends that false allegations may be raised against him and he may be arrested as an accused in that crime. According to him, he is innocent. He has hence come to this Court with this application for anticipatory bail.
not been arrayed as an accused. But the needle of suspicion is
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B.A.No. 7351 of 2007
pointing at the petitioner. As requested by the learned Prosecutor, interim directions were issued to the petitioner to make himself available for interrogation before the Investigating Officer. He did comply with the said directions. He has been interrogated also, submits the Prosecutor. The petitioner has not been arrayed as an accused. The materials collected do not persuade the Investigating Officer to array the petitioner as an accused. Consequently the petitioner is not required to be and shall not be arrested in this crime at the moment. However, learned Prosecutor submits that there are some circumstances still against the petitioner and the possibility of his being arrayed later, if his subsequent interrogation points to such necessity, cannot be ruled out. However, the learned Prosecutor undertakes that if at any later stage the petitioner's arraignment and arrest is required in this case, prior notice shall be given to the petitioner and prior permission of this Court shall be taken before such arrest is effected.
B.A.No. 7351 of 2007
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circumstances, appear to be reasonable. I am satisfied that this petition can be dismissed accepting the submissions and undertaking of the
learned Prosecutor.
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2 issues framed by the court
Whether the apprehension of imminent arrest against the petitioner is reasonable given he is not an accused in the crime.
Whether the undertaking by the Prosecutor to give prior notice for future arrest satisfies bail requirements.
ZAKEER.P.V.
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
