IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Bail Appl..No. 1589 of 2011() ----------------------------- CC.436/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONERS: ---------- 1. CHANDRAN, S/O. KUNJAN PAKKATU VEETIL, MAMALAKKANDOM KARAYIL, KUTTAMPUZHA VILLAGE 2. ARUN, S/O. CHANDRAN,. PAKKATU VEETIL, MAMALAKKANDOM KARAYIL, KUTTOMPUZHA VILLAGE BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY KUTTAMPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1589 of 2011 ------------------------------- DATED: 25-02-2011 O R D E R Petitioners, who are the accused in Crime No. 46 of 2007 of Kuttampuzha Police Station now pending as C.C. No. 436 of 2007 on the file of the J.F.C.M. Kothamangalam, Ernakulam District for offences punishable under Sections 427, 447, 294 (b), 506 read with Sec. 34 I.P.C. seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before court, non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. But at the same time, I am inclined to permit the petitioners to surrender before the court below and seek bail by filing an application for regular bail. Accordingly, If the petitioners surrender before the court below within two weeks from today and file an application for regular bail, the court below shall, preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners executing a bond for ` 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the Bail A.No. 1589 of 2011 -:2:- satisfaction of the court below, and subject to the following conditions:- 1. Petitioners shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioners shall appear before the court below on all the dates of posting of the above case. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. Dated this the 25th day of February, 2011. V.RAMKUMAR, JUDGE