IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2379 of 2009 CRIME NO.192 OF 2008 OF KANJIRAMKULAM POLICE STATION CRL.M.C.NO.1862/2008 OF THE SESSIONS JUDGE, THIRUVANANTHAPURAM. PETITIONER/1ST ACCUSED ------------------------------------------ RATHEESH S/O. DAVID, IRAIMANTHURA PURAYIDOM, PULLUVILA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: COMPLAINANT/STATE AND INVESTIGATING OFFICER ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2379 OF 2009 D ------------------------------------------------------ Dated this the 22nd May, 2009 O R D E R The petitioner moved B.A.No.465 of 2009 under Section 438 of the Code of Criminal Procedure. This Court disposed of the same as per Annexure B order dated 16.2.2009. Paragraph 5 of Annexure B order reads as follows: “5. On hearing both sides, considering the serious nature of allegations made, I do not find that this is a fit case to grant anticipatory bail. The mere existence of a counter- case is not a ground to grant anticipatory bail. Learned counsel for petitioner has not pointed out any special circumstance to invoke the provision under Section 438 Cr.P.C.. Petitioner is bound to co-operate with the investigation and surrender before the investigating officer. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him at any time and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court.” 2. Admittedly, the petitioner has not surrendered before the investigating officer. Even if there is no observation as contained in paragraph 5 (2) of the order in B.A.No.465 of 2009, it is not proper to B.A. NO.2379 OF 2009 :: 2 :: entertain this Bail Application, the petitioner having not complied with the direction to surrender. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/