IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Bail Appl..No. 2625 of 2011() ----------------------------- CC.72/2011 of J.M.F.C.,PAYYANNUR CRIME NO.398/2010 OF PAYYANNUR POLICE STATION .................... PETITIONER/ACCUSED ------------------------------------------ ASHIF, S/O. MARIYUMMA, CHENOTH MOOVALAPIL PARAMMEL HOUSE, CMP HOUSE, P.O.RAMANTHALI, KANNUR DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 017. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2625 of 2011 ------------------------------------------------ Dated this the 8th day of April, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.3 in Crime No.398 of 2010 of Payyannur Police Station for offences punishable under Sections 323 & 326 read with 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 complies with the above direction, B.A.No.2625/2011 -: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, notwithstanding the non-bailable warrants, if any, pending against the petitioner. This application is disposed of as above. Dated this the 8th day of April, 2011. V.RAMKUMAR, JUDGE. skj