IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10696 of 2011() ----------------------------------------- CP.173/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY .................... PETITIONER (S): ACCUSED NO.2 ------------------------------------------------ HAREESH, AGED 22, S/O. BABU, ELAVANETH KIZHAKKETHIL VEEDU, KOTTAKKAKOM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): STATE ------------------------------------ STATE OF KERALA, REPRESENTED BY S.I OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ................................... B.A. No.10696 of 2011 .................................. Dated: 19.12.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No.22/2010 of Chavara Police Station, Kollam for offences punishable under Sections 143,147,148,452,427,308,326 and 506(ii) read with 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 Bail A.No.10696/ 2011 -:2:- 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 application for bail on merits preferably on the same date on which it is filed, not withstanding the pendency of non-bailable warrants of arrest against the petitioner. This application is disposed of as above. V.RAMKUMAR, JUDGE. sj