IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1363 of 2011 -------------------------------------- [L.P. NO. 42/10 IN S.C. NO. 586/10 OF THE ADDITIONAL SESSIONS COURT, ADHOC-III, KOLLAM] .......... PETITIONER/ACCUSED (ORIGINALLY 5TH ACCUSED): ----------------------------------------------------------------------------- MAHESH, AGED 27 YEARS, S/O.RAJAN, RAJA BHAVAN, PADANILAM, VADAKKUMKARA WEST CHERI, MAYYANADU VILLAGE, KOLLAM. BY ADV. SRI.K.ABDUL JAWAD. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.31. 2. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION,KOLLAM DISTRICT- 691 571. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.1363 of 2011 ------------------------------- DATED: 18.02.2011 O R D E R Petitioner, who is the 5th accused in S.C.No.586/2010 on the file of the Additional Sessions Court Ad hoc-III, Kollam for offences punishable under Sections 143,147,148,323,324 and 308 read with 149 I.P.C. and whose case is now pending as L.P.No.42/2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before court, non-bailable warrants of arrest are pending against the petitioner. 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 petitioner to surrender before the court below and seek bail by filing an application for regular bail. He may also highlight the fact that the co-accused in the case have already been acquitted after trial. Accordingly, If the petitioner surrenders before the court below within two weeks from today and files an application for regular bail, the court below shall, preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the court below, and subject to the following conditions:- Bail A.No.1363 of 2011 -:2:- 1. Petitioner shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the court below on all the dates of posting of the above case. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. If the petitioner commits breach of any of the above conditions, the bail granted to his shall be liable to be cancelled. This petition is disposed of as above. Dated this the 18th day of February, 2011. V.RAMKUMAR, JUDGE sj