IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6046 of 2011 CRIME NO.1312 OF 2011 OF KOTTARAKARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- BIJU, S/O.GEORGE, AGED 29 YEARS, KALLUVILA PUTHEN VEEDU, THEVANNOOR MURI, VALAKOM, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, KOTTARAKARA, KOLLAM DISTRICT- 691 506. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6046 of 2011 ------------------------------------------------------ Dated this the 22nd day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1312 of 2011 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 452, 294(b), 324 and 427 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for admission on 1st August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to Bail Appl. NO.6046 of 2011 :: 2 :: appear before the investigating officer on 5th August, 2011. 5. Post on 10th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1312 of 2011 of Kottarakara Police Station, till 12th August, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned Public Prosecutor that the direction in the order dated 1st August, 2011 was not complied with by the petitioner. Since the petitioner did not comply with the order dated 1st August, 2011, he is not entitled to any relief in this Bail Application. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/