IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Bail Appl..No. 5992 of 2010() ---------------------------------- (CRIME NO.153/2008 OF BAKEL POLICE STATION, KASARAGOD DISTRICT C.C NO.736/2008 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, HOSDURG) ..... PETITIONER(S)/IST ACCUSED ------------------------------------ P.KUNHABDULLA,AGED 37 YEARS, S/O.MOHAMMED,RESIDING AT MEETHAL MOUVAL, BAKEL PO,MOUVAL,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ---------------------------- THE STATION HOUSE OFFICER, BAKEL POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5992 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 24th day of September, 2010 ORDER Petitioner, who is the 1st accused in Crime No.153/2008 of Bakel Police Station for an offence punishable under Section 498A I.P.C, seeks anticipatory bail. Consequent on the non- appearance of the petitioner before the J.F.C.M Court-II, Hosdurg in C.C.No.736/2008, non-bailable warrant of arrest are pending against the petitioner. 2. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the J.F.C.M Court-II, Hosdurg and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M Court-II, Hosdurg and files an application for regular bail within two weeks from today, the learned Magistrate shall preferably on the same date on which the application is filed, release the petitioner on bail on his 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 Magistrate and subject to the following conditions:- Bail Application No.5992 of 2010 2 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 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. V. RAMKUMAR, (JUDGE) dmb