IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Bail Appl..No. 586 of 2011() ----------------------------------------- (CRIME NO.68/2009 OF IRITTY POLICE STATION, KANNUR DISTRICT) ........ PETITIONER (S): ACCUSED: ------------------------------------------ MEHROOF C.S., AGED 20 YEARS, S/O.USMAN HAJI, FAZNAZ MANZIL, PARIYARAM, KOLARI PO, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ................................... B.A. No.586 of 2011 .................................. Dated: 21.01.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.68/2009 of Iritty Police Station for offences punishable under Sections 143, 147, 148, 452, 323, 308 and 427 read with 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 Bail A.No.586/ 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. This application is disposed of as above. Dated, this the 21 st day of January, 2011. V.RAMKUMAR, JUDGE. sj