IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 4850 of 2011() ----------------------------- CRIME NO.667/2007 OF THODUPUZHA POLICE STATION PETITIONER/ACCUSED --------------------- JOSEPH GEORGE ALIAS JOBIN VARGHESE, AGED 34 YEARS, S/O.VARGHESE ALIAS GEORGE, PAZHILANGAL/PALLIPURATH HOUSE, PARAKADAVU, KATTAPANA, NOW RESIDING AT ALLAPPARA KARA, VALLICHIRA PO, PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4850 of 2011 ------------------------------------------------ Dated this the 28th day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the accused in Crime No.667 of 2007 of Thodupuzha Police Station for offences punishable under Sections 471, 465, 468 & 420 read with Section 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor, on instructions, submitted that after the conclusion of investigation a final report has already been filed before the trial Court. If so, it is not desirable to grant anticipatory bail to the petitioner since he cannot be directed to appear before the Investigating Officer after the conclusion of investigation and after the matter is in the seizin of the Court. The appropriate order in such circumstances can only be one to direct the petitioner to surrender before the trial Court and seek regular bail. Accordingly, the petitioner is directed to surrender before the trial Court and apply for regular bail within two weeks from today. In case the petitioner complies with the above direction, the trial Court shall consider and dispose of the Bail Appln.No.4850/2011 : 2 : application for bail on merits preferably on the same date on which it is filed, notwithstanding the non-bailable warrants, if any, pending against the petitioner. This application is disposed of as above. Dated this the 28th day of June, 2011. V.RAMKUMAR, JUDGE. skj