IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1475 of 2008() ----------------------------- CRIME NO. 198/06 OF PERINTHALMANNA POLICE STATION PETITIONER/ACCUSED NO.5 ---------------------------------------- MOHAMMED ALI @ ALI NEELERY, S/O.MOHAMMED, AGED 41 YEARS, NEELERI HOUSE, THAZHACKKODU AMSOM, AMMINIKKADU DESOM, PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1475 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the 5th accused. He apprehends arrest in a crime registered alleging offences punishable, inter alia, under Sections 326 and 307 I.P.C. Allegations are raised against him under Section 3 r/w. 25 of the Arms Act also. 2. The petitioner was granted opportunity by this Court twice on earlier occasions to surrender before the Investigating Officer and seek regular bail. He did not avail of both those opportunities, which were granted as per orders dt.21.8.06 in B.A. 4930 of 2006 as also dt.1.12.06 in B.A. 7123 of 2006. The petitioner has come to this court again now with an identical request for anticipatory bail. 3. The learned counsel for the petitioner prays that one more indulgent further opportunity may be granted to the petitioner to surrender and be enlarged on bail. B.A.No. 1475 of 2008 2 4. The learned Prosecutor opposes the application. Investigation is not complete. The petitioner, who has twice been granted such opportunity, has not availed of the same without any explanation. He is not entitled to seek the indulgence of the court again. He has forfeited his right to stake his claim under Section 438 Cr.P.C., submits the learned Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that no further directions under Section 438 Cr.P.C. deserve to be issued. 6. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm