IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2349 of 2009() ----------------------------------------- (CRIME NO.572/2008 OF KUTTIADI POLICE STATION – KOZHIKODE) PETITIONER/3RD ACCUSED: ------------------------------------------ MANOJ KUMAR.P.P., AGED 32 YEARS, S/O. KUNHIKRISHNAN NAMBIAR,PUTHUPPATTA HOUSE, KUTTIADI AMSOM,THONDIPOYIL DESOM, VATAKARA TALUK. BY ADV. MR.M.ASOKAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY SI OF POLICE, KUTTIADI POLICE STATION-KOZHIKODE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------------------- B.A. No. 2349 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the 3rd accused in Crime No.572/08 of Kuttiadi Police Station registered under sections 143, 147, 148, 324 and 326 read with 149 I.P.C. This petition is filed under section 438 of the Code of Criminal Procedure for anticipatory bail alleging that he is innocent and is prepared to co-operate with the investigation and may be granted anticipatory bail. 2. Learned Public Prosecutor opposed the application contending that custodial interrogation of the petitioner is necessary. Learned counsel for the petitioner submitted that some of the accused have already been granted bail by the learned Magistrate. 3. On hearing the learned counsel for the petitioner and learned Public Prosecutor, I do not find it proper to exercise the extra ordinary jurisdiction of this court under section 438 of the Code of Criminal Procedure in this case. Petitioner is at B.A. No.2349/09 2 liberty to surrender before the concerned Magistrate and seek regular bail. Though learned counsel sought a direction to pass orders in the bail application on the date of surrender, it is for the accused to surrender and move an application for bail with notice to the Assistant Public Prosecutor. In such a case Magistrate is expected to pass orders in the bail application without any delay. I find no necessity to issue a direction as sought for, as even otherwise Magistrate is expected to pass orders, in the event of filing an application for bail on surrender with notice to the Assistant Public Prosecutor, without delay. The application is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE vps B.A. No.2349/09 2