IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 450 of 2011() ---------------------------------------- (CRIME NO.90/2009 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT) ........ APPLICANT/4TH ACCUSED: ------------------------------------------ ABDUL NISAR, S/O.ALAVI, PALAPPETTY HOUSE, KALLIDUMBU, PANNIPARA P.O., EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING SUB INSPECTOR OF POLICE EDAVANNA.) BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------------------ Bail Application No.450 of 2011 ------------------------------------------- Dated this the 25th day of January, 2011. O R D E R Petitioner who is the 4th accused in Crime No.90 of 2009 of Edavanna Police Station for offences punishable under Sections 498A and 406 r/w Section 34 I.P.C. and whose case is now pending before the Chief Judicial Magistrate, Manjeri as C.C. No. 281 of 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 B.A. No. 450/2011 : 2: bond for `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:- 1. Petitioner shall report before the Chief Ministerial Officer of the Chief Judicial Magistrate's Court, Manjeri between 10 a.m. And 1 p.m. on all Wednesdays. 2. The petitioner shall appear before the Chief Judicial Magistrate, Manjeri on all the dates of posting of C.C. No. 281 of 2009. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. 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. rv