IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 592 of 2011() --------------------------- CRIME NO. 1435/2009 OF ERNAKUALM TOWN NORTH POLICE STATION ............................. PETITIONER / ACCUSED: ------------------------------------ SHOBINRAJ, S/O.SHANMUGHAN, AGED 29 YEARS, KANNADIPADI HOUSE, SOUTH CHITTOOR P.O., VALAM DESOM, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT / COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP.BY CIRCLE INSPECTOR OF POLICE, ERNAKUALM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. =================== B.A. No. 592 of 2011 ==================== Dated this the 8th day of February, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 13th accused in Crime No. 1435 of 2009 of Ernakulam Town North Police Station for offences punishable under Sections 395, 120B and 411 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 B.A.No.592/2011 -: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 8th day of February, 2011. V.RAMKUMAR, JUDGE. rv