C P LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 1st accused in Crime No.343/2004 of the Feroke Police Station for offences punishable under sec.420 I.P.C. was granted anticipatory bail by this court as per order dt. 19.5.2006 in B.A.No.2841/2006. The grievance of the petitioner is that he was not arrested during the three months' period for which the order was held to be in force and now the police take the stand that he cannot be granted bail in the event of his arrest beyond the period of three months stipulated in the earlier order dt. 19.5.2006.

(2.) THE learned Public Prosecutor submits that the three months stipulated in the earlier order passed by this court was the duration of the bail granted to the petitioner. Whatever that may be, since the petitioner has not been arrested in connection with the above crime, the question of releasing him on bail does not arise. In view of the willingness of the petitioner to surrender before the investigating officer, it is clarified that in case the petitioner surrenders before the investigating officer within ten days from today, the earlier order for anticipatory bail shall be in force and the bail will be in force only for three months after which the petitioner will have to seek regular bail from the concerned magistrate. This petition is disposed of as above.