High Court Kerala High Court

Shanavas vs State Of Kerala on 13 December, 2010

Kerala High Court
Shanavas vs State Of Kerala on 13 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8069 of 2010()


1. SHANAVAS, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.V.DILEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/12/2010

 O R D E R
                         V. RAMKUMAR, J.
                     ...................................
                      B.A. No.8069 of 2010
                      ..................................
          Dated this the 13th day of December, 2010

                               O R D E R

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

who is the third accused in Crime No.1016/2010 of

Sasthamcotta Police Station for offences punishable under

Sections 323, 324, 427, 308 and 506(i) 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

B.A.No.8069/2010 2

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.

V.RAMKUMAR, JUDGE.

ln