IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7390 of 2010() ---------------------------------- (CRIME NO.228/2008 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ........... PETITIONER/ACCUSED ---------------------------- BAIJU, AGED 29 YEARS S/O.KRISHNAMMA, S.K.MANDIRAM, MANCHINADU, THACHOTTUKAVU, PEYAD P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.BLAZE K.JOSE SRI.A.N.SHAJI RESPONDENT(S): -------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING DYSP OF POLICE, NEDUMANGAD. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 7390 of 2010 -------------------------------------------- DATED: 22nd day of November, 2010 O R D E R Petitioner, who is the accused in Crime No.228/2008 of Malayinkeezhu Police Station for offences punishable under Sections 341, 354 I.P.C. and 3(1) (xi) of Scheduled Cast / Scheduled Tribe (Prevention of Atrocities) Act and whose case is now pending before the J.F.C.M Court, Kattakada as C.P.No.233/2009, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before court, 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 Rs.15,000/- (Rupees Bail Application No. 7390 of 2010 2 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:- 1. The petitioner shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the court below on all the dates of posting of the above case. 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 his shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE dmb