IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Bail Appl..No. 2237 of 2011() ----------------------------------------------- CC.21/2008 of J.M.F.C.-II, PATHANAMTHITTA .................... PETITIONER/ACCUSED -------------------------------------- NISAM, S/O.UTHUMAN RAWTHER, THADATHIL HOUSE, MANJALLOOR, PATHANAPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT & STATE ----------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... B.A. No.2237 of 2011 .................................. Dated this the 18 th day of March, 2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner who is the accused in C.C.No.21 of 2008 on the file of the J.F.C.M -II,Pathanamthitta, seeks anticipatory bail. 2. Admittedly 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. The appropriate order in such circumstances can only be one to direct the petitioner to surrender before the trial Court and seek regular bail. Accordingly, the petitioner is directed to surrender before the trial Court and apply for regular bail within two weeks from today. In case the petitioner complies with the above direction, the Magistrate shall release the petitioner on bail on inter alia the following conditions:- B.A.No. 2237/ 2011 -:2:- 1. The petitioner shall appear before the Magistrate on all the dates of posting of the case. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall surrender his passport before executing the bail bond. 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 application is disposed of as above. Dated, this the 18 th day of March, 2011. V.RAMKUMAR, JUDGE. sj