IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 733 of 2009(B) ---------------------------------- (AGAINST ORDER DT.18/2/09 IN CRL.MC 315/09 OF SESSIONS COURT, ERNAKULAM IN CRIME 233/07 OF KALAMASSERY POLICE STATION AND CRIME 262/09 OF THRIKKARA POLICE STATION) PETITIONER(S)/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY STATE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. RESPONDENT(S)/ACCUSED: --------------------------------------- HENRY VIJAYAKUMAR, AGED 39, S/O HENRY, LOUISE GARDEN COLONY NO.18, HOUSE NO.33/528, SOUTH KALAMASSERY – 682 109. ADV. SRI.S.SREEKUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.733 of 2009 -------------------------- ORDER This petition is filed for cancellation of anticipatory bail granted to the respondent under Section 438 of Code of Criminal procedure by Sessions Court, Ernakulam in Crl.M.C.No.315/2009. Learned Public Prosecutor submitted that subsequently respondent surrendered before the Magistrate and Magistrate has granted regular bail. In such circumstances, it is not necessary for this Court to consider whether granting of anticipatory bail is justifiable or not. Petition is dismissed. Learned Public Prosecutor submitted that right to seek cancellation of regular bail, may not be affected by this order. If circumstances warrant, dismissal of this petition will not prejudice the State from seeking cancellation of regular bail. 14th August, 2009 (M.Sasidharan Nambiar, Judge) tkv