IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Bail Appl..No. 2871 of 2010() ----------------------------- CRIME NO.124/2010 OF NALLALAM POLICE STATION PETITIONER/ACCUSED ------------------------- MOHAMMED RAFEEQ.P, AGED 26 YEARS, S/O.MOHAMMED, PUTHALATH HOUSE, FEROKE COLLEGE PO, KOZHIKODE DISTRICT, PIN - 673 631. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINANT ----------------------------------- 1. S.I.OF POLICE, NALLALAM POLICE STATION, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... B.A. No.2871 of 2010 .................................. Dated: 30.03.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.124/2010 of Nallalam Police Station for an offence punishable under Section 379 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 complies with the above direction, Bail A.No. 2871 of 2010 -:2:- 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 30 th day of March, 2011. V.RAMKUMAR, JUDGE. sj