IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Bail Appl..No. 2177 of 2011() ----------------------------- Cr.No.1352/2009 OF PALLURUTHY POLICE STATION PETITIONER/SOLE ACCUSED ------------------------ NIKIL.K.P., 29 YEARS, S/O.PREMSAGAR, KAITHAKUZHY HOUSE, PATTALATHUPARAMBU, PALLURUTHY, KOCHI-6. BY ADV. SRI.T.R.ASWAS RESPONDENT: ------------ STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, PALLURUTHY, ERNAKULAM DISTRICT. REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2177 of 2011 ------------------------------------------------ Dated this the 30th day of March, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Cr.No.1352 of 2009 of Palluruthy Police Station for an offence punishable under Section 498-A I.P.C., 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 Magistrate or the Court concerned shall release the B.A.No.2177/2011 -:2:- petitioner on bail on inter alia the following conditions:- 1. The petitioner shall appear before the Magistrate on all the dates of posting of the case. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not commit any offence while on bail. 4. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is disposed of as above. Dated this the 30th day of March, 2011. V.RAMKUMAR, JUDGE. skj