IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Bail Appl..No. 246 of 2011() --------------------------- CRIME NO. 357/2008 OF BEKAL POLICE STATION, KASARGOD DISTRICT ........................................... PETITIONER / 2ND ACCUSED: ------------------------------------------ ABDULLA K., AGED 30 YEARS, S/O.MOHAMMED HAJI, ILLIYAS NAGAR, BEKAL KUNNU, P.O.BEKAL, KASARAGOD DISTRICT BY ADVS. SMT. P.K. PRIYA SRI. SREEVINAYAKAN K.V. RESPONDENT / STATE : ---------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING BEKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. =================== B.A. No. 246 of 2011 ==================== Dated this the 18th day of January, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No.357 of 2008 of Bekal Police Station for offences punishable under Sections 143, 147, 148, 153(A), 323, 324 and 308 r/w Section 149 I.P.C and Section 3(2)(c) of PDPP 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 B.A.No.246/2011 -:2:- 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. Dated, this the 18th day of January, 2011. V.RAMKUMAR, JUDGE. rv