Shaji V.M vs State Of Kerala on 27 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 276 of 2011()


1. SHAJI V.M, S/O.MUHAMMEDALI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :27/01/2011

 O R D E R
                       V. RAMKUMAR, J.
                ...................................
                     B.A. No.276 of 2011
                ..................................
                       Dated: 27.01.2011

                            O R D E R

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

who is the accused in Crime No.585/2010 of Chavakkad Police

Station for offences punishable under Sections 406, 420 and

498A read with 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

B.A.No.276/2011
-:2:-

today. In case the petitioner complies with the above direction,

the Magistrate or the Court concerned shall release the

petitioner on bail on inter alia the following conditions:-

1. The petitioner shall appear before the Magistrate on
all the dates of posting of the case.

2. The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper with the
evidence for the prosecution.

3. The petitioner shall not commit any offence while on bail.

4. If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.

This application is disposed of as above.

Dated, this the 27th day of January, 2010.

                                       V.RAMKUMAR,            JUDGE.
sj