IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Bail Appl..No. 6285 of 2010() ----------------------------------------- CRIME NO.98/99 OF CENTRAL POLICE STATION, KOCHI. ................... PETITIONERS/ACCUSED: ------------------------------------- 1. HABEEB M.H, AGED 31 YEARS S/O.HASEEB HASSAN, H.NO.CC XI/284 SOUTH THAMARAPARAMBU, FORTKOCHI, KOCHI, NOW RESIDING AT 13/996 A RK PILLA ROAD, KOCHI-5 2. PRIYA LORENCE, AGED 31 YEARS D/O.T.J. LORENCE, THERATTIL VEEDU, MARKET ROAD, KOCHI, NOW RESIDING AT 13/996 A RK PILLA ROAD, KOCHI-5 BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, (CRIME NO.98/99 OF CENTRAL POLICE STATION, KOCHI). BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ------------------------------- Bail Application No. 6285 of 2010 ------------------------------- DATED: 12-10- 2010 O R D E R Petitioners who are the accused in Crime No. 98 of 1999 of Central Police Station, Kochi, for offences punishable under Sections 3 (2) (e) of PDPP Act , 1984 read with Sec. 34 I.P.C. and whose case is pending before the Chief Judicial Magistrate, Ernakulam as L.P. No. 250 of 2001, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before court, non-bailable warrants of arrest are pending against the petitioners. 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 petitioners to surrender before the court below and seek bail by filing an application for regular bail. Accordingly, If the petitioners surrender before the court below within two weeks from today and file an application for regular bail, the court below shall, preferably, on the same date on which the application is filed, release the petitioners on bail on each of the petitioners 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 court below, and subject to the following conditions:- Bail A.No. 6285 of 2010 -:2:- 1. Petitioners shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. Petitioners shall appear before the court below on all the dates of posting of the above case. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. Dated this the 12th day of October, 2010. Sd/-V.RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge