IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2517 of 2010() ---------------------------------------- CRIME NO. 138/2007 OF VADANAPPALLY POLICE STATION, THRISSUR DIST. ........... PETITIONER (S): 2ND ACCUSED ------------------------------- SAMBAJI.K.B, S/O. BALAN, KUTTANAPARAN HOUSE, THAMPANKADAVU, TRICHUR. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT AND STATE --------------------------- 1. THE SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2517 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 149 r/w 27 of the Arms Act and Sec.5 of Explosive Substances Act. Petitioner is the second accused in the crime. 3. Learned public prosecutor pointed out that earlier an application for anticipatory bail filed by petitioner. In that anticipatory bail application, this court found that anticipatory bail cannot be granted, in a case of this nature, (vide order dated 6.4.2010 in B.A.No.7796/09). On hearing both sides I also hold the same view. 4. It is also pointed out that a direction was issued in the earlier order directing petitioner to surrender before the investigating officer on 16.4.2010 for interrogation and incriminating material if any. Petitioner has not complied B.A. No.2517/10 2 with the said order, it is submitted. 5. On hearing both sides I am satisfied that petitioner disobeyed the direction issued by this court and that itself is sufficient to dissuade me from exercising my discretion under section 438 Cr.P.C. I am also of the view that in a case of this nature anticipatory bail cannot be granted as found by this court in an earlier application for anticipatory bail. Hence the following order is passed: i) Petitioner shall forthwith report before the investigating officer and co-operate with the investigation. ii) Investigating officer is at liberty to arrest petitioner and proceed in accordance with law, whether the petitioner surrenders or not. iii) No application for anticipatory bail by petitioner in this case will be entertained hereafter in this case. This petition is dismissed. K. HEMA, JUDGE. Sou.