IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 7999 of 2010() ---------------------------------------- CRIME NO.42/1992 OF KANJIKKUZHY POLICE STATION, IDUKKI. ......... PETITIONER/ACCUSED ----------------------------------- MANI,S/O.MATHAI,KIZHAKKEDATHU(H), KEERITHODU,KANJIKKUZHY. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): ------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (THROUGH THE C.I. OF POLICE,ADIMALI POLICE STATION). BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.7999 of 2010 ----------------------------------------------------- Dated this the 10th day of December, 2010 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in Crime No.42 of 1992 of Kanjikkuzhy Police Station for an offence punishable under Section 20(1)(b) of N.D.P.S. 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, Bail Appln.No.7999/2010 : 2 : 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. This application is disposed of as above. V.RAMKUMAR, JUDGE skj