IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 5220 of 2011() ------------------------ CC.1154/2009 of J.M.F.C., KODUNGALLUR .................... PETITIONER/ACCUSED ------------------ ARAVINDAKSHAN, AGED 83 YEARS, S/O.LATE IYYAPPAN, ARIMBOOR VALAPPIL HOUSE, OLLUR DESOM, OLLUR P.O., THRISSUR. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, (SUB INSPECTOR OF POLICE, OLLUR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL RASHEED, S/O.ABDUL RAHIMAN, KADAMBOT HOUSE, EDAVILANGU VILLAGE, KODUNGALLOOR TALUK. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5220 of 2011 ------------------------------- DATED: 28-06-2011 O R D E R Petitioner who is the sole accused in C.C. No. 1154 of 2009 on the file of the J.F.C.M., Kodungallur, 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 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:- Bail A.No. 5220 of 2011 -:2:- 1. Petitioner shall report before the Ministerial Officer of the J.F.C.M. Kodungallur, between 10 a.m. and 12 noon on all Wednesdays. 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 28th day of June, 2011. V.RAMKUMAR, JUDGE ani