IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Bail Appl..No. 1875 of 2011() ---------------------------------------- CRIME NO.56/00 OF MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT C.C.NO.850/06 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-1, MAVELIKKARA ---------------------------------------------- PETITIONER/ACCUSED ----------------------------------- BABU, AGED 36 YEARS, S/O.SOLOMON, PUNNITTAPARAMPIL, KALLUMALA .P.O., MAVELIKKARA. BY ADV. SRI.R.SUNIL KUMAR SMT.A. SALINI LAL RESPONDENT/ COMPLAINANT --------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR OF POLICE, MAVELIKKARA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1875 of 2011 ----------------------------------------------------- Dated this the 7th day of March, 2011 ORDER Petitioner, who is the accused in Crime No.56 of 2000 of Mavelikkara Police Station for an offence punishable under Section 498-A I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-I, Mavelikkara as L.P.No.210 of 2007 in C.C.No.850 of 2006, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class-I, Mavelikkkara, 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.1875/2011 : 2 : 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:- 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. Dated this the 7th day of March, 2011. V.RAMKUMAR, JUDGE. skj