IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Bail Appl..No. 2246 of 2011() ----------------------------- CRIME NO.821/2010 OF CHAVAKKAD POLICE STATION PETITIONER/ACCUSED -------------------------------------- MUHASSIN,AGED 48 YEARS,S/O.MOIDEEN, KERANTAKATH HOUSE,PUTHAMPALLY,GURUVAYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.82/2010 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2246 of 2011 ------------------------------------------------ Dated this the 28th day of March, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.3 in Crime No.821 of 2010 of Chavakkad Police Station for offences punishable under Sections 406 & 498(A) read with Section 34 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 trial Court and apply for regular bail within two weeks from today. In case the petitioner complies with the above direction, the Magistrate or the Court concerned shall release the B.A.No.2246 /2011 -:2:- petitioner on bail on inter alia the following conditions:- 1. The petitioner shall appear before the Magistrate on all the dates of posting of the case. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not commit any offence while on bail. 4. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is disposed of as above. Dated this the 28th day of March, 2011. V.RAMKUMAR, JUDGE. skj