IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 8114 of 2010() ---------------------------------- CP.137/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT NORTH PARAVUR CRIME NO. 34/2010 OF VARAPIZHA POLICE STATION, ERNAKULAM DISTRICT .................... APPLICANT/ACCUSED NO.7 -------------------------------- BAIJU K.J., AGED 27 YEARS, S/O. JOSE, KAITHARAKKUZHIYIL HOUSE, PUTHANPALLI, VARAPPUZHA BY ADVS. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.SANU.S.PANICKER RESPONDENT(S)/COMPLAINANT & STATE ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING S.I. OF POLICE, VARAPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.8114 of 2010 ------------------------------------------------------ Dated this the 06th day of December, 2010 ORDER The petitioner, who is accused No.7 in Crime No.34 of 2010 of Varapuzha Police Station for offences punishable under Sections 143, 147, 148, 341 & 308 read with Section 149 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class, North Paravur, as C.P.No.137 of 2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class, North Paravur, 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.8114/2010 : 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. V.RAMKUMAR, JUDGE skj