IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Bail Appl..No. 4245 of 2011() -------------------------------- CRIME NO. 227/2011 of NEDUMKANDAM POLICE STATION PETITIONERS/ACCUSED 1 & 2:- ----------------------------------- 1. SERBICHAN, S/O. THOMAS, PALATHINAL HOUSE SOOLAMPARA, IDUKKI DISTRICT. 2. CHANDRAN, S/O. GOPALAN, UDAYAR HOSPITAL TRUST ESTATE, SOOLAMPARA, IDUKKI DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT/COMPLAINANT:- -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, NEDUMKANDAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... B.A. No. 4245 of 2011 .................................. Dated this the 9 th day of June, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C., petitioners who are accused Nos. 1 and 2 in Crime No.227 of 2011 of Nedumkandam Police Station for offences punishable under Sections 452, 506(ii), 324, 323, 427 and 34 I.P.C., seek 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 petitioners since they 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 petitioners to surrender before the trial Court and seek regular bail. Accordingly, the petitioners are directed to surrender before the B.A.No. 4245/2011 -:2:- trial Court and apply for regular bail within two weeks from today. In case the petitioners comply with the above direction, the Magistrate or the Court concerned shall release the petitioners on bail inter alia the following conditions:- 1. The petitioners shall appear before the Magistrate on all the dates of posting of the case. 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall not commit any offence while on bail. 4. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is disposed of as above. Dated, this the 9th day of June, 2011. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.