IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1166 of 2008() ----------------------------- CP.53/2007 of J.M.F.C.-III, PUNALUR CRIME NO.359/2006 OF PATHANAPURAM POLICE STATION .................... : PETITIONER/ACCUSED NO.2 ------------------------ ABDUL AZEEZ, AGED 72 YEARS S/O.HASSAN RAWTHER VENGAVILA KIZHAKKATHIL, ALUVILA BHAGOM KUNDAYAM, PATHANAPURAM KOLLAM DISTRICT. BY ADV. SRI.K.P.SHAHUL HAMEED RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA 2. THE SUB INSPECTOR OF POLICE PATHANAPURAM POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1166 of 2008 ---------------------------------------- Dated this the 27th day of February 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment as second accused for offences punishable inter alia under Section 308 I.P.C. The petitioner was granted anticipatory bail in that crime as per order dated 31/10/2006 in B.A.No.6295/06. The petitioner had appeared before the investigating officer as directed in the said order and was enlarged on bail. Investigation is now complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The committal proceedings are pending before the learned Magistrate. 2. The learned counsel for the petitioner submits that the learned Magistrate has issued a warrant of arrest at the first instance. According to the petitioner, this was so done, he apprehends, because the police did not apprise the learned Magistrate correctly of the fact that he had already been granted anticipatory bail. According to the petitioner, the learned Magistrate had issued arrest warrant at the first instance. B.A.No.1166/08 2 3. I am satisfied, in these circumstances, that the petitioner can be directed to appear before the learned Magistrate and seek regular bail. There can be an interim direction that till the petitioner appears before the learned Magistrate and seek regular bail, the warrant of arrest issued against the petitioner by the learned Magistrate shall not be executed. 4. In the result, this petition is allowed in part. It is directed that the warrant of arrest issued against the petitioner shall not be executed till 07/03/2008. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. The learned Magistrate shall consider such application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.1166/08 3 B.A.No.1166/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007