IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5652 of 2010(B) ----------------------------------- (C.C.57/2010 PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.) ....... PETITIONERS/ACCUSED 1 TO 3 ------------------------------------- 1. CHINNASWAMY, JAYALAKSHMY LOTTERY AGENCY, CHITTOOR ROAD, PULLEPPADY, ERNAKULAM. 2. PRADEEP, S/O.LATE M.V.PADMANABHAN, 64/4031, JAYALAKSHMY LOTTERY AGENCY, CHITTOOR ROAD, PULLEPPADY, ERNAKULAM. 3. SURESH BABU, AMBADI VEEDU, VADAVANNUR, CHITTOOR TALUK. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI. K.S. RAJESH RESPONDENT(S): -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5652 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 22nd day of September, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.1769/2009 of North Police Station, Ernakulam for offences punishable under Sections 420, 406, 506(ii) and 323 I.P.C, seek anticipatory bail. Consequent on the non-appearance of the petitioners before the C.J.M Court, Ernakulam in C.C.No.57/2010, non-bailable warrant of arrest are pending against the petitioners. 2. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioners should not surrender before the C.J.M Court, Ernakulam and seek regular bail. Accordingly, if the petitioners surrender before the C.J.M Court, Ernakulam and file an application for regular bail within two weeks from today, the learned Magistrate 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.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:- Bail Application No.5652 of 2010 2 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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. V. RAMKUMAR, (JUDGE) dmb