IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Bail Appl..No. 1954 of 2011() ------------------------ CRIME NO. 222/2004 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT .............. PETITIONER / A1 : --------------------------- JUGUNU, AGED 29, S/O. VENUGOPAL K., KUTTATHU HOUSE, EDAPPAL P.O., THUYYAM, MALAPPURAM (DIST). BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT / STATE : ----------------------------------- THE STATE OF KERALA, REPRESENTED BY REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO. 222/2004 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT). BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1954 of 2011 ------------------------------------------------ Dated this the 9th day of March, 2011 ORDER Petitioner, who is accused No.1 in Crime No.222 of 2004 of Changaramkulam Police Station for offences punishable under Sections 447, 323 & 325 read with Section 34 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class, Ponnani as C.C.No.410 of 2006, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class, Ponnani, 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 Bail Appln.No.1954/2011 -:2:- thousand only) with two solvent sureties each for the like amount to the satisfaction of the court below, and subject to the following conditions:- 1. The petitioner shall appear before the Judicial Magistrate of the First Class, Ponnani on all the dates of posting of C.C.No.410 of 2006. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall surrender his passport before executing the bail bond. 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 9th day of March, 2011. V.RAMKUMAR, JUDGE. skj