IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 8024 of 2010() ----------------------------------------- (CRIME NO.496/2010 OF VADAKARA POLICE STATION,KOZHIKODE DISTRICT) ............ PETITIONER/IST ACCUSED: ------------------------------------------ P.P.MANOJ, S/O.KELAPPAN, PUTHUKKUDI PARAMBATH, THODANNOOR (POST), VADAKARA, KOZHIKODE (DIST). BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ................................... B.A. No.8024 of 2010 .................................. Dated this the 13th day of December, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the first accused in Crime No.496/2010 of Vadakara Police Station for offences punishable under Sections 147, 148, 324, 452 and 427 read with Section 149 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 B.A.No.8024/2010 2 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, notwithstanding the non bailable warrants, if any, pending against the petitioner. This application is disposed of as above. V.RAMKUMAR, JUDGE. ln