IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Bail Appl..No. 118 of 2011() -------------------------------------- CRIME NO.346/2010 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT. .......... PETITIONER/ 4TH ACCUSED -------------------------------------- M.V.SURESH, S/O. M.K.VELAYUDHAN, MALEDATH HOSUE, "SUVERA" P.O.MANAKULANGARA, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT ------------------------------------------------ THE SUB INSEPCTOR OF POLICE, PAYYANNUR, KANNUR DISTRICT REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. =================== B.A. No. 118 of 2011 ==================== Dated this the 14th day of January, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 4th accused in Crime No.346 of 2010 of Payyannur Police Station for an offence punishable under Section 498A r/w Section 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 trial Court and apply for regular bail within two weeks from today. In case the petitioner B.A.No.118/2011 -: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 14th day of January, 2011. V.RAMKUMAR, JUDGE. rv