IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 5097 of 2011() ----------------------------- ST.6/2010 of J.M.F.C-II.,PARAPPANANGADI .................... PETITIONER/ ACCUSED:- ---------------------------- BEENA, W/O. VALIYAVEEDU PARAMBIL HAMEED, AGED 39 YEARS, COURT ROAD, PARAPPANANGADI POST – 676 303, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, PARAPPANANGADI POST – 676 303, MALAPPURAM DISTRICT – 682 031. ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5097 of 2011 ------------------------------- Dated this the 24th day of June, 2011. O R D E R Petitioner who is the sole accused in S.T. No.6 of 2010 on the file of the Judicial Magistrate of the First Class-II, Parappanangadi for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, 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 Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the Magistrate within two weeks from today and files an application for regular bail, the Magistrate 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 Magistrate concerned and subject to the following conditions:- 1. Petitioner shall report before the Ministerial Officer of the Magistrate Court, Parappanangadi between 10 a.m. and 12 noon on all Wednesdays. B.A. No. 5097/2011 : 2: 2. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 3. Petitioner shall not commit any offence while on bail. 4. 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. sd/- V.RAMKUMAR, JUDGE. rv