IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Bail Appl..No. 2698 of 2011() ----------------------- CC.1921/2004 of J.M.F.C.-II, ERNAKULAM .................... PETITIONER/ACCUSED ------------------- Shyson P. Manguzha, S/o. Paul M.K. aged 46 years, Manguzha House, Perumballoor (P.O.), Muvattupuzha, Ernakulam District BY ADV. SRI.ALEXANDER GEORGE SRI.J.ABHILASH RESPONDENT(S): -------------- State of Kerala, represented by the Circle Inspector of Police, Central Police Station, Ernakulam Public Prosecutor Sri. M.S. Breeze THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ....................................... Bail application No. 2698 of 2011 ........................................ Dated: 31-03-2011 ORDER Petitioner who is the accused in Crime No. 942 of 2003 of Central Police Station, Ernakulam for offences punishable under Sections 332, 427 and 294 (b) I.P.C. and whose case is now pending before the J.F.C.M. II, Ernakulam as C.C. No. 1921 of 2004, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioners in the above case, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot, therefore, be granted to nullify the process issued by a court of competent jurisdiction. However, having regard to the nature of the case and the offences involved and the explanation offered by the petitioner, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, the petitioner is directed to surrender before the trial Court and apply for regular bail within two weeks from today. In n case the petitioner complies with the above direction, the Magistrate or the Bail application No. 2698 of 2011 -:2:- Court concerned shall release the petitioner on bail on inter alia the following conditions :- i) The petitioner shall appear before the Magistrate on all the dates of posting of the case. ii) Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. iii) The petitioner shall not commit any offence while on bail. iv) If the petitioner commit 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 31st day of March, 2011. V. RAMKUMAR, JUDGE