IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 5768 of 2010() -------------------------------------- ST. NO.1734/2006 OF CHIEF JUDICILA MAGISTRATE COURT, KOTTAYAM. .......... PETITIONER/ACCUSED -------------------------------------- K.RENJITHKUMAR,AGED 37 YEARS, S/O.P.A.KRISHNAN KUTTY,PARUTHOOR HOUSE, PUTHUPPALLY PO, DO-KARA,DO VILLAGE,KOTTAYAM. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. MAYA GOPINATH,AGED 37 YEARS, W/O.GOPINATH,THODIPUZHA HOUSE,KUDAMALOOR PO, KOTTAYAM. 680 015. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No. 5768 of 2010 ------------------------------- DATED: 27th September, 2010 O R D E R Petitioner who is the sole accused in S.T. No. 1734 of 2006 on the file of the Chief Judicial Magistrate, Kottayam 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 Chief Judicial Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the Chief Judicial 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 Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kottayam and subject to the following conditions:- 1. Petitioner shall report before theChief Ministerial Officer of the Chief Judial Magistrate Bail A.No. 5768 of 2010 -:2:- Court , Kottayam between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the Chief Judicial 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 his shall be liable to be cancelled. This petition is disposed of as above. Dated this the 27th day of September, 2010. V.RAMKUMAR, JUDGE ani