IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Bail Appl..No. 6584 of 2010() ----------------------------- (CRIME NO.30/2006 OF AGALY POLICE STATION) SC.502/2007 of ADDL. SESSIONS COURT (FAST TRACK) III, PALAKKAD .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SIJI, S/O.JOSEPH, AGED 27 YEARS, MUDAKKODE HOUSE, NJETTARAKKADAVU, CHANGALEERI P.O. MANNARGHAT, PALAKKAD DISTRICT. BY ADV. SRI.BIJU GEORGE (ERNAKULAM) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, AGALY POLICE STATION, PALAKKAD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6584 of 2010 ------------------------------------------------ Dated this the 13th day of October, 2010 ORDER The petitioner, who is accused No.3 in Crime No.30 of 2006 of Agaly Police Station for offences punishable under Sections 143, 147, 148 & 307 read with Section 149 I.P.C. and whose case is now pending before the Additional Sessions Court, Fast Track No.III, Palakkad as S.C.No.502 of 2007, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before Additional Sessions Court, Fast Track No.III, Palakkad, 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 Bail Appln.No.6584/2010 : 2 : 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 court below, and subject to the following conditions:- 1. The 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. The 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 him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj