IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 5768 of 2009() ----------------------------- CRIME NO.702/2009 OF KADAKKAL POLICE STATION PETITIONERS/ACCUSED --------------------------------------- FIROZ, S/O.KAMALLUDHEEN, MANALUVILA VEEDU, POTTANMUKKU, IRUNOOTTI, KUMMIL, KADAKKAL, KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): STATE -------------------- STATE OF KERALA,REP.BY THE S.I.OF POLICE , KADAKKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5768 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.702 of 2009 of Kadakkal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 353 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 14.10.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 20th and 21st October, 2009. Post on 26.10.2009 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime BA No.5768/2009 2 No.702 of 2009 of Kadakkal Police Station.” 4. The learned Public Prosecutor submitted, on written instructions given by the Sub Inspector of Police, Kadakkal Police Station, that the petitioner did not appear before the investigating officer on 20.10.2009 and 21.10.2009 as directed in the order dated 14th October 2009. On the other hand, the petitioner tried to go abroad on 25.10.2009 and he was intercepted at the Air Port, Thiruvananthapuram. Since the petitioner has failed to comply with the order dated 14th October 2009, he is not entitled to get any discretionary relief under Section 438 of the Code of Criminal Procedure. There is no ground to grant anticipatory bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl BA No.5768/2009 3 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5768 of 2009 --------------------------------------------- Dated this the 14th day of October, 2009 ORDER After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 20th and 21st October, 2009. Post on 26.10.2009 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.702 of 2009 of Kadakkal Police Station. K.T.SANKARAN, JUDGE csl BA No.5768/2009 4 Hand over copy to both sides.