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2010 Supreme(Ker) 153

K.T.SANKARAN
K. A. Koshy – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared:
For the Petitioners:P. Vijaya Bhanu & Vipin Narayan, Advocate. For the Respondents:R2, K. Ramakumar (Sr.), Advocate, Rajan Velloth, Saijo Hassan, A.S. Sabu, Benoj C Augustin, Rafeek. V.K., R4, Abraham K. John, Vineeth Malhotra. Advocate.

Judgment :

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed by Dr.K.A.Koshy and Dr.Serena, who are two accused persons among the accused in Crime No.30 of 2010 of Rajpura City Police Station, Patiala District, Punjab.

2. The petitioners apprehend arrest in Crime No.30 of 2010, where the offences alleged, going by Annexure A First Information Report, are under Section 65 and 66(1) and (2) of the Information Technology Act, 2000. After hearing all the counsel and the learned Additional Advocate General of the State of Punjab, it is fairly clear that the offences alleged against the accused include the offences under Sections 419 and 420 of the Indian Penal Code as well.

3. In the Bail Application, the offences under Sections 419 and 420 of the Indian Penal Code were not mentioned. When the Bail Application came up for admission, the undertaking made by the learned Public Prosecutor appearing for respondents 1 and 3 that the petitioners will not be arrested for a period of two weeks was recorded and urgent notice was ordered to respondent No.2, the S.I. Of Police, Rajpura City Police Station, Patiala, Punjab. It is brought to my no
































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