NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 4th accused in Crime No.590/2010 of Sooranadu Police Station for offences punishable under Sections 341, 323, 324 and 326 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 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. This application is disposed of as above. Dated, this the 12th day of November, 2010.