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. 1559 of 2011() ---------------------------------- CC.200/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE CRIME NO.144/2008 OF BEYPORE POLICE STATION .................... PETITIONER/3RD ACCUSED --------------------------------- P.M.ABBAS, AGED 48 YEARS, S/O.MUHAMMED KOYA, PANAM KANDY PARAMBU, BEYPORE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. S.I. OF POLICE, BEYPORE POLICE STATION, KOZHIKODE - 673015. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. BY PUBLIC PROSECUTION SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No.1559 of 2011 ------------------------------- DATED: 25.02.2011 O R D E R Petitioner, who is the 3rd accused in Crime No.144/2008 of Beypore Police Station for offences punishable under Sections 406 and 506(1) read with 34 I.P.C. and whose case is now pending before the J.F.C.M-V, Kozhikode as C.C.No.200/2009, 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. 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.1559/2011 -:2:- 1. The 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. The 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 him shall be liable to be cancelled. This petition is disposed of as above. Dated this the 25 th day of February, 2011. V.RAMKUMAR, JUDGE sj