IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6790 of 2010() ----------------------------- AGAINST ORDER IN CRL.M.C.NO.1197/2010 ON THE FILE OF THE PRINCIPAL SESSIONS COURT, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- RAFI,AGED 38 YEARS,S/O USMAN, SADIQUE MANZIL,NADAKKAV.P.O, KOZHIKODE-11. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6790 of 2010 ------------------------------- DATED: 28.10.2010 O R D E R Petitioner, who is the accused in Crime No. 342/2004 of Town Police Station, Kozhikode for offences punishable under Sections 143,147,148,323 and 427 read with 149 I.P.C. and whose case is now pending before the J.F.C.M-VI, Kozhikode as C.C.No.9/2008, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before court, 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 court below and seek bail by filing an application for regular bail. Accordingly, If the petitioner surrenders before the court below within two weeks from today and files an application for regular bail, the court below 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 court below, and subject to the following conditions:- Bail A.No.6790 of 2010 -:2:- 1. Petitioner shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the court below on all the dates of posting of the above case. 3. The 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. V.RAMKUMAR, JUDGE sj