IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Bail Appl..No. 6905 of 2010 -------------------------------------- [S.C. NO. 275/2003 OF ADDL. SESSIONS COURT FOR THE TRIAL OF ABKARI ACT CASES, NEYYATTINKARA, CRIME NO.30/1998 OF THIRUVANANTHAPURAM EXCISE RANGE, THIRUVANANTHAPURAM] PETITIONER/ACCUSED: ---------------------------------- KUMAR, S/O. KOCHUCHERUKKAN, AGED 39 YEARS, PLANCHIPLAVILA VEEDU, EDAGRAMOM, KARUMOM, NEMOM VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No. 6905 of 2010 ------------------------------- DATED: 27th October, 2010 O R D E R Petitioner who is the accused in Crime No. 30 of 1998 of Thiruvananthapuram Excise Range, for offencespunishable under Sections 55 (a) and 58 of Abkari Act, and whose case is now pending before the Addl. Sessions Judge for trial of Abkari Act Cases, Neyyattinkara as S.C. No. 275 of 2003, 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 ` 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:- Bail A.No. 6905 of 2010 -:2:- 1. 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. 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. Dated this the 27th day of October, 2010. V.RAMKUMAR, JUDGE ani/