IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Bail Appl..No. 3902 of 2011() ----------------------------- CRIME NO.82/2011 OF CHITTAR POLICE STATION PATHANAMTHITTA PETITIONER: ACCUSED NO.3: -------------------------- MANIKUTTAN, AGED 44 YEARS, S/O. GOPALAKRISHNAN, RESIDING AT KARAMVELI HOUSE, PALLAKUTTY, VAYATTUPUZHA.P.O, CHITTAR VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENTS: COMPLAINANT -------------------------- 1. THE S.I OF POLICE, CHITTAR POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3902 of 2011 ------------------------------------------------ Dated this the 15th day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.3 in Crime No.82 of 2011 of Chittar Police Station for offences punishable under Sections 8 (1) & (2) of the Kerala Abkari Act, 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 trial Court shall consider and dispose of the application for bail on merits preferably on the same date on which it is filed Bail Appln.No.3902/2011 -:2:- bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22, notwithstanding the non-bailable warrants, if any, pending against the petitioner. This application is disposed of as above. Dated this the 15th day of June, 2011. V.RAMKUMAR, JUDGE. skj True copy P.A. to Judge