IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7098 of 2010() ----------------------------- CRMP.2704/2010 of ADDL.DISTRICT COURT-I,MAVELIKKARA MC.164/2010 of J.M.F.C. - II, MAVELIKKARA .................... PETITIONERS:ACCUSED ------------------------------- 1. MUHAMMED SWALIH, S/O. YOUSEPH KUNJU, AGED 26 YEARS, PULLUKKATTIL KIZHAKKETHIL, KALLIKKAD PO, ARATTUPPUZHA, ALAPPUZHA DISTRICT, PIN 690 515. 2. NIZAMUDHIN,AGED 32 YEARS THAISSERIL, KALLIKKATTU PO, ARATTUPPUZHA, ALAPPUZHA DISTRICT, PIN 690 515. 3. SHARAFUDHIN, AGED 35 YEARS PULLUKKATTIL KIZHAKKETHIL KALLIKKAD PO ARATTUPPUZHA, ALAPPUZHA DISTRICT, PIN 690 515. BY ADV. SRI.T.S.RAJAN RESPONDENTS: COMPLAINANTS --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031. 2. AMINA MOL, W/O.MUHAMMED SALIH AGED 22 YEARS, NJARAKKATTU HOUSE, KALARIKAL SOUTH KAYAMKULAM,ALAPPUZHA DISTRICT PIN 690 502. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7098 of 2010 ------------------------------------------------ Dated this the 10th day of November, 2010 ORDER The petitioners, who are the accused in S.T.No.296 of 2010 on the file of the Judicial Magistrate of the First Class-II, Mavelikkara for an offence punishable under Section 31 of the Protection of Women from Domestic Violence Act, seek anticipatory bail. 2. The learned counsel for the petitioners submitted that after the filing of this petition petitioners 2 & 3 have been granted bail by the Magistrate concerned and that as against the first petitioner a non-bailable warrant of arrest is pending. 3. Consequent on the non-appearance of the first petitioner before the Judicial Magistrate of the First Class-II, Mavelikkara, non-bailable warrants of arrest are pending against him. 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 first petitioner to surrender before the court below and seek bail by filing an Bail Appln.No.7098/2010 : 2 : application for regular bail. Accordingly, if the first 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 first petitioner on bail on his 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:- 1. The first petitioner shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The first petitioner shall appear before the court below on all the dates of posting of the above case. 3. The first petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner shall not commit any offence while on bail. Bail Appln.No.7098/2010 : 3 : 5. If the first 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 skj