IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Bail Appl..No. 2594 of 2011() ----------------------------- CC.503/2008 of J.M.F.C., KODUNGALLUR .................... PETITIONERS: ---------------- 1. BABU AGED 48 YEARS, S/O.BHASKARAN, POTHOTHU HOUSE, CHENTHENGU BAZAR, S.N.PURAM, KODUNGALLUR, THRISSUR. 2. ANITHA, W/O.BABU, POTHOTHU HOUSE, CHENTHENGU BAZAR, S.N.PURAM, KODUNGALLUR, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, (CRIME NO.171/2006), MATHILAKAM, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2594 of 2011 ------------------------------- DATED: 29.03.2011 O R D E R Petitioners, who are accused Nos.2 and 3 in C.C.No.503 of 2008 on the file of J.F.C.M, Kodungallur, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C. No.503 of 2008 on the file of the J.F.C.M, Kodungallur, the case against the petitioners has been transferred to the Long Pending Case Register as L.P.Case No.281 of 2008. Admittedly, non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot, therefore, be granted to nullify the process issued by a court of competent jurisdiction. However, having regard to the nature of the case and the offences involved and the explanation offered by the petitioners, I am of the view that the petitioners deserve to be enlarged on bail. Accordingly, the petitioners are directed to surrender before the trial Court and apply for regular bail within two weeks from today. In case the petitioners comply with the above direction, the Magistrate or the Court concerned shall release the petitioners on bail on inter alia the following conditions:- Bail A.No.2594/2011 -:2:- 1. The petitioners shall appear before the Magistrate on all the dates of posting of the case. 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall not commit any offence while on bail. 4. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is disposed of as above. Dated this the 29th day of March, 2011. V.RAMKUMAR, JUDGE. sj