IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Bail Appl..No. 5179 of 2011() ------------------------ ST.1935/2008 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONER/ACCUSED ------------------ VIDHYADHARAN.B., RETD. KSRTC INSPECTOR, WAS RESIDING AT FIRST FLOOR, HOUSE NO. NA, 157 A, YEDUKULAM, ATHIYANNOOR, NEYYATTINKARA, NOW RESIDING AT SANTHI, NADUVILAKKARA, PADI, KALLADA P.O. BY ADV. SRI.G.SUDHEER RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKAULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The number of the Lower Court case and name of lower court shown in the cause title of the order dated 27-6-2011 in B.A. 5179/2011 is corrected as S.T. No. 440 of 2010 of Judicial Ist Class Magistrate Court -IV, Neyyattinkara as per order dated 1-7-2011 in Crl.M.A. No. 4023 of 2011 in B.A. 5179/2011. V. RAMKUMAR, J. ------------------------------- Bail Application No. 5179 of 2011 ------------------------------- DATED: 27-06-2011 O R D E R Petitioner who is the sole accused in S.T. No.1935 of 2008 on the file of the J.F.C.M.I, Neyyattinkara, Thiruvananthapuram District for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 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 Rs.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 J.F.C.M. I, Neyyattinkara, between 10 a.m. and 12 noon on all Wednesdays. Bail A.No. 5179 of 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. 3. If the petitioner commits breach of any of the above conditions, the bail granted to his shall be liable to be cancelled. This petition is disposed of as above. Dated this the 27th day of June, 2011. V.RAMKUMAR, JUDGE ani The number and word “S.T. No.1935 of 2008 on the file of the J.F.C.M. I, Neyattinkara” occurring in the first sentence of the order dated 27-06-2011 in B.A. No. 5179/2011 are corrected and substituted as “S.T. No. 440 of 2010 pending before the J.F.C.M. IV, Neyyattinkara”. Words “JFCM-I,Neyyattinkara” occurring in the first condition Bail A.No. 5179 of 2011 -:3:- of paragraph 2 of the above order are corrected and substituted as “J.F.C.M. IV, Neyyattinkara” as per order dated 1-7-2011.