IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6836 of 2010() ------------------------ SC.422/2008 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA CRIME NO. 903 OF 2001 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/ACCUSED NO.31 ---------------------- SHAJI.M,S/O.MEERA SAHIB,PAZHAYA VEEDU, VETTIPRAM MURI,PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6836 of 2010 ------------------------------- DATED: 22nd October, 2010 O R D E R Petitioner who is the 31st accused in Crime No. 903 of 2001 of Pathanamthitta Police Station for offences punishable under Sections 143, 144,145,147, 148, 150, 151,152,153 (A), 307 435, 436, 332, 353 and 427 read with Sec. 149 I.P.C., Sec. 3 (2) (C) of PDPP Act and Sec. 10 read with 27 of Arms Act, 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 Chief Judicial Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the Chief Judicial 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. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate and subject to the following conditions:- Bail A.No. 6836 of 2010 -:2:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. 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 22nd day of October, 2010. V.RAMKUMAR, JUDGE ani