IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6323 of 2010() ---------------------------------- ST.715/2008 of ADDL.C.J.M.(E&O),ERNAKULAM .................... PETITIONER(S)/ACCUSED ------------------------------- 1. MANGALAM DAILY, VYAPARY-VYAVASAYI, PRINTING & PUBLISHING CO. LTD., S.H.MOUNT, KOTTAYAM, REP. BY M.D.T.NAZIRUDEEN. 2. T.NAZIRUDEEN, M.D., MANGALAM DAILY, VYAPARY-VYAVASAYI, PRINTING & PUBLISHING CO. LTD., S.H.MOUNT, KOTTAYAM. BY ADV. SRI. GEORGEKUTTY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ------------------------------- Bail Application No.6323 of 2010 ------------------------------- DATED: 5.10.2010 O R D E R Petitioners, who are accused Nos. 1 and 2 in S.T. No.715/2008 on the file of ACJM (E.O), Ernakulam for an offence punishable under Section 162 of the Companies Act, 1956 and whose case is now pending before the court below as L.P.No.217/2008, seeks 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 the petitioner executing a bond for Rs. 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.6323 of 2010 -:2:- 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. The 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. V.RAMKUMAR, JUDGE sj