IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 586 of 2011()
1. MEHROOF
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/01/2011
O R D E R
V. RAMKUMAR, J.
...................................
B.A. No.586 of 2011
..................................
Dated: 21.01.2011
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner
who is the accused in Crime No.68/2009 of Iritty Police
Station for offences punishable under Sections 143, 147, 148,
452, 323, 308 and 427 read with 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
Bail A.No.586/ 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, bearing in mind the decision in Sukumari v.
State of Kerala – 2001 (1) KLT 22.
This application is disposed of as above.
Dated, this the 21st day of January, 2011.
V.RAMKUMAR, JUDGE. sj