IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 402 of 2011() --------------------------------------- (CRIME NO.390/2009 OF VATAKARA POLICE STATION,KOZHIKODE DISTRICT) .... PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- THEYYATHAM KANDI ANEESH, S/O.POKKAN, THIRUVALLUR AMSOM, DESOM. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE REPRESENTED BY S.I. OF POLICE, VATAKARA POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. =================== B.A. No. 402 of 2011 ==================== Dated this the 25th day of January, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the first accused in Crime No. 390 of 2009 of Vatakara Police Station, Kozhikode for offences punishable under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 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.402/2011 -: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 25th day of January, 2011. V.RAMKUMAR, JUDGE. rv