IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6319 of 2011 CRIME NO.234 OF 2011 OF VELLARIKUNDU POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. KAMMADAM RAZACK,KAMMADAM HOUSE, PEROLE,NEELESWARAM. 2. ABDUL AZEEZ,KAMMADATH HOUSE, PEROLE, NEELESWARAM. BY ADV. SMT.CHINCY GOPAKUMAR SRI.ANWIN GOPAKUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6319 OF 2011 ------------------------------------------------------ Dated this the 9th day of August, 2011 O R D E R The petitioners apprehend arrest in Crime No.234 of 2011 of Vellarikundu Police Station, Kasaragod District. Therefore, they have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. It is submitted that the petitioners filed B.A.No.3715 of 2011, in which, an order dated 14.6.2011 was passed directing the petitioners to surrender before the investigating officer on 24.6.2011 or on 25.6.2011. On the application of the petitioners, time was extended and the petitioners were permitted to surrender on 12.7.2011 or on 13.7.2011. It is submitted that on those dates when they appeared before the investigating officer, they were told that, after completing the investigation, charge sheet was filed. It is submitted that, therefore, they did not get an opportunity to comply with the direction contained in the order in B.A.No.3715 of 2011. BAIL APPL. NO. 6319 OF 2011 :: 2 :: 3. Learned Public Prosecutor submitted that charge was laid on 30.6.2011 and the case is now numbered as C.C.No.841 of 2011, on the file of the Court of the Judicial Magistrate of the First Class II, Hosdurg. 4. Since charge sheet is laid, the petitioners cannot have any apprehension that they would be arrested by the police, except in execution of a warrant issued by the Court. At present, no warrant is issued by the Court, says the learned counsel for the petitioners. Therefore, there is no apprehension for the arrest of the petitioners. In the facts and circumstances, no further directions are required in the case. The Bail Application is, accordingly, closed. (K.T.SANKARAN) Judge ahz/