IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 10 of 2010() --------------------------- CC.885/1998 of J.M.F.C.,PERUMBAVOOR CRIME NO. 246 OF 1993 OF PERUMBAVOOR POLICE STATION .................... PETITIONER (S): ACCUSED NO.1: -------------------- JOSE, AGED 42 YEARS, S/O. DEVASSY, KACHAPPILLY HOUSE, AYYAMPUZHA P.O., KATTING BHAGAM, THANIKKODE, ALUVA TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT:- --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. C.S.HRATHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 1-1-2010 , THE COURT ON 01/01/2010 PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ----------------------------- B.A No. 10 of 2010 ------------------------------ Dated this the 1st day of January, 2010. O R D E R This is an anticipatory bail application filed by the first accused in C.C.No.885 of 1998 on the file of the Judicial First Class Magistrate Court, Kolenchery, now pending as L.P.No.9 of 2001 to direct the trial court to release him on when he surrenders before the trial court, under Section 438 of the Code of Criminal Procedure. 2. The petitioner is the first accused in C.C.No.885 of 1998 on the file of the Judicial First Class Magistrate Court, Kolenchery. The allegation against the petitioner is that he along with second accused committed theft of a motor cycle from the residence of the defacto complainant and thereby committed offences punishable under Section 379 and 34 of IPC. As the petitioner was absconding the case against him was transferred to LP register as L.P.No.9 of 2001. The second accused faced the trial and was acquitted. The petitioner apprehends that if he surrenders before the trial Court he will be remanded to the judicial custody. Therefore he prays that trial court may be directed to release him on bail. B.A No. 10 of 2010 2 3. Notice give to the Public Prosecutor. Heard the learned counsel for the petitioner and the Public Prosecutor. Public Prosecutor opposed this petition. 4. Having heard the submission made by the learned counsel for petitioner and the Learned Public Prosecutor and taking into account the fact that the case against second accused ended in acquittal, I feel that the trial court can be directed to consider his bail application on the date of his surrender itself. 5. Petitioner is directed to surrender before trial court on or before 23.1.2010 and his bail application if any shall be considered and appropriate orders may be passed on the date of surrender itself. Petition is allowed as find above. Sd/- P.Q.BARKATH ALI JUDGE //True Copy// PA to Judge ab B.A No. 10 of 2010 3