IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Bail Appl..No. 752 of 2011() ----------------------------------------- (CRIME NO.391/2009 OF VARANTHARAPPILLY POLICE STATION, THRISSUR DISTRICT) ....... PETITIONER/ACCUSED NO.A5: -------------------------------------------- SUBIN BABU, S/O. BABU, AGED 19 YEARS, MANJOORAN HOUSE, MATTATHUR KUNNU, MATTATHUR, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): ---------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ................................... B.A. No.752 of 2011 .................................. Dated: 09.02.2011 O R D E R In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the 5th accused in Crime No.391/2009 of Varantharappilly Police Station for offences punishable under Sections 465,471,474,475 and 476 read with 34 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 Bail A.No.752/ 2011 -:2:- trial Court and apply for regular bail within two weeks from today. In case the petitioner 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, not withstanding the pendency of non-bailable warrants of arrest against the petitioner. This application is disposed of as above. Dated, this the 9 th day of February, 2010. V.RAMKUMAR, JUDGE. sj