High Court Kerala High Court

Nithin Rajendran vs The Sub Inspector Of Police on 14 January, 2011

Kerala High Court
Nithin Rajendran vs The Sub Inspector Of Police on 14 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 103 of 2011()


1. NITHIN RAJENDRAN, AGED 21 YEARS,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.S.SANTHOSH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :14/01/2011

 O R D E R
                         V. RAMKUMAR, J.
                      ...................................
                      B.A. No. 103 of 2011
                      ..................................
                         Dated: 14-01-2011

                               O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner

who is the accused in Crime No. 1467 of 2010 of

Changanacherry Police Station for offences punishable under

Sections 420 and 406 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.

Bail A.No. 103 of 2011 -:2:-

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,

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 14th day of January, 2011.

                                             Sd/-V.RAMKUMAR,        JUDGE.
ani/                          /true copy/



                                     P.S. to judge