IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7819 of 2010() ---------------------------------------- LP.3/2004 of J.M.F.C. - I, KARUNAGAPPALLY .................... PETITIONER/ACCUSED ------------------------------------ B.RAJASEKHARAN, S/O.DR.K.N.BALAKRISHNA KURUP, AGED 52 YEARS, SYAM NIVAS, HOUSE NO.163B, JAWAHAR NAGAR, KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, (LAW AND ORDER), KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. R1 TO R3 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 7819 of 2010 ------------------------------- Dated this the 6th day of December, 2010. O R D E R Petitioner who is the sole accused in C.C. No.886 of 1993 on the file of the Judicial Magistrate of the First Class-I, Karunagapally for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, 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 Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the 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 `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Petitioner shall report before the Ministerial Officer of the Magistrate Court, Karunagappally between 10 a.m. and 12 noon on all Wednesdays. B.A. No. 7819/2010 : 2: 2. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 3. Petitioner shall not commit any offence while on bail. 4. If the 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. rv