IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1066 of 2008() ----------------------------- CRIME NO.400 OF 2007 OF EZHUKONE POLICE STATION PETITIONER : ACCUSED-A1 --------------------------- GOPALAKRISHNA PILLAI S/O.KOCHUKUNJU PILLAI KUTTIKKATTU VEETTIL,CHERUPOIKA MURI PAVITHRESWARAM VILLAGE, KOTTARAKKARA KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1066 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused. He faces allegations in a crime registered alleging offences punishable under Section 420 I.P.C. The defacto complainant had alleged that in respect of an agreement for sale, the petitioner had committed the offence of cheating. The learned Public Prosecutor submits that the investigation is complete. Final report has already been filed. The police do not want to arrest the petitioner now except in execution of the processes, if any, issued by the court. The petitioner may be directed to surrender before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor. 2. This bail application is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/- 2