IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 9TH SEPTEMBER 2008 / 18TH BHADRA 1930 Bail Appl..No. 5849 of 2008() ----------------------------------- CRIME NO.175 OF 2002 OF CHAVAKKAD POLICE STATION PETITIONER/ACCUSED : ----------------------------- NIZAMUDHEEN, AGED 40 YEARS, S/O.MUHAMMED, PANNIKAVEETILKURUPPATH HOUSE, CHAVAKKADU DESOM, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT/COMPLAINANT : ------------------------------------ 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHAVAKKADU POLICE STATION, (CRIME NO.175 OF 2002), THRISSUR BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5849 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2008 O R D E R This is an application for anticipatory bail. Petitioner is the accused in Crime No.175/02 of Chavakadu Police Station for the offences punishable under Section 395 r/w Section 149 IPC. The allegation is that the petitioner along with other accused committed robbery by stealing Rs.450/- and other articles from the defacto complainant. It is submitted that, on the basis of the said allegation, the petitioner was arrested on 27.08.02 and subsequently released on bail on 19.11.02. The further case of the petitioner is that after his release on bail, he had gone to Bombay in search of job and as he has not received any summons from the Court, he did not appear before the court below which resulted in issuance of non-bailable warrant against him. Therefore, the petitioner apprehends his immediate arrest in case he return to his house in connection with Onam holidays. 2. Learned Public Prosecutor submitted that the police had completed the investigation and final report has already been filed, B.A.No. 5849 OF 2008 -:2:- upon which the court has taken cognizance and the petitioner can approach the committal court and can seek regular bail. The learned counsel for the petitioner submitted that in case he surrender before the court below, he is likely to remand to judicial custody. 3. I am of the view that, the above apprehension is unfounded and unwarranted. As pointed out by the learned Public Prosecutor, the investigation in this case is already over and final report filed which is pending consideration for further proceedings. If that be so, the custodial interrogation of the petitioner is not at all warranted and therefore he is not likely to be remanded to judicial custody. In the result, this petition is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court, Chavakkadu, on 16.09.08 and to seek regular bail. In the event of his surrender and seeking regular bail, the court below is directed to consider the same on merit on the date of surrender itself bearing in mind the above observation and to dispose of the petition on merit, accordingly. The learned Public Prosecutor undertakes that the petitioner will not be arrested in the meanwhile connected with Crime B.A.No. 5849 OF 2008 -:3:- No.175/02 of Chavakkadu Police Station. The above submission is recorded. This petition is disposed of accordingly. (V.K. MOHANAN, JUDGE) ttb