IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Bail Appl..No. 4094 of 2011() ----------------------------- CRMP.1187/2011 of DISTRICT COURT, PALAKKAD CRIME NO.144/2011 OF OTTAPALAM POLICE STATION .................... PETITIONERS/ACCUSED: -------------------- 1. SATHEESH, AGED 31 YEARS, S/O.PONNU, G2 MANGALAMURTHI APARTMENTS, PLOT NO.35, MAHATMA NAGAR, NASIK, MAHARASHTRA, NOW COME DOWN TO V.G.NAGAR, VARODE, KOTTAYI, PALAKKAD. 2. P.SUMATHI, AGED 51 YEARS,S/O.PONNU V.G.NAGAR, VARODE, KOTTAYI, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION (CRIME NO.144/2011), PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.4094 of 2011 -------------------------------------------------- Dated this the 03rd day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.144 of 2011 of Ottapalam Police Station for an offence punishable under Section 498-A 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 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 on inter alia the following conditions:- B.A.No.4094/2011 -:2:- 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 03rd day of June, 2011. V.RAMKUMAR, JUDGE. skj