- (1.) Heard learned counsel for the petitioner, and the learned Public Prosecutor.
(2.) This second bail application has been filed under section 438, Cr. P.C. Earlier the bail application filed under Section 438, Cr. P.C. was dismissed as withdrawn on 1-12-2010. On 1-12-2010 while dismissing the bail application, this Court passed the following order : "Learned counsel for the petitioner without arguing on the merits of the case stated that he may be permitted to withdraw this bail application with the liberty that if he surrenders before the Magistrate concerned, his bail application should be decided as early as possible. The petitioner is permitted to withdraw the bail application. Accordingly, the criminal misc. bail application is dismissed as being withdrawn. However, if the accused-petitioner surrenders and move bail application before the Magistrate concerned, his bail application should be considered in accordance with law.
(3.) It may be mentioned that the order passed by this Court on the earlier bail application has not been complied with and again the petitioner has approached this Court for granting him the relief of anticipatory bail under Section 438, Cr. P.C.;