IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3493 of 2011() --------------------------------------- CC. NO.97/2000 OF JUDICIAL FIRST CLAS MAGISTRATE COURT, PATTAMBI ........ PETITIONER/ACCUSED -------------------------------------- P.P.REMADEVI, W/O.NARAYANAN, THARAYIL HOUSE, VADANAMKURUSSI, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.VENUGOPALAN, S/O. KRISHNAN, PULIYAPPURATH HOUSE, POST VALLAPPUZHA OTTAPALAM TALUK-679336. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3493 of 2011 ------------------------------------------------ Dated this the 6th day of May, 2011 ORDER Petitioner, who is the sole accused in C.C.No.97 of 2010 on the file of the Judicial Magistrate of the First Class, Pattambi, for an offence punishable under Section 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 her 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 concerned and subject to the following conditions:- Bail Appln.No.3493/2011 -:2:- 1. The petitioner shall report before the Ministerial Officer of the Magistrate Court, Pattambi between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 3. The 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 her shall be liable to be cancelled. This petition is disposed of as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE. skj