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Judgment
19 paragraphs · 350 wordsP.G. Ajithkumar, J.
This is an application for anticipatory bail filed by accused No.2 in Crime No.471 of 2024 of Palarivattom Police Station. He filed Bail Application
No.2842 of 2024 earlier. That petition was disposed of by this Court as per Annexure 1 order. The directions issued in the said order reads as follows:
i) The petitioner will surrender before the Investigating Officer within ten days from today.
ii) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the
petitioner before the jurisdictional court on the date of surrender itself.
iii) The petitioner is free to file bail application before the jurisdictional court at the time of producing him before the Magistrate. If such a bail application is filed with
advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it
preferably on the date of filling of the same itself.
iv) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional
court is free to pass appropriate orders in it also.
Stating that accused Nos.3 and 5 were granted anticipatory bail by this Court, the petitioner has filed the present petition.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
When this Court after considering the entire facts took a view in Annexure 1, the fact that two other accused were granted anticipatory bail is not a
reason to deviate from that order. Therefore, not considering this application on merits. It is liable only to be dismissed.
In terms of Annexure 1 order, the petitioner ought to have surrendered before the Investigating Officer within ten days from the date of that order.
i.e, 19.04.2024. He did not oblige that direction yet.
It is for him to surrender before the Investigating Officer forthwith. On his surrender, the Investigating Officer shall have to act in accordance with
Annexure 1 order.