IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Bail Appl..No. 237 of 2011() ---------------------------------------- (CRIME NO.353/2010 OF CHALISSERY POLICE STATION,PALAKKAD DISTRICT) ...... PETITIONER/IST ACCUSED: ------------------------------------------ ASHARAF, S/O.VEERANKUTTY, AGED 30 YEARS, MALAPPURATH VEEDU, MARAYANKUNNU, KAPPUR, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------------------ Bail Application No.237 of 2011 ------------------------------------------- Dated this the 19th day of January, 2011. O R D E R Petitioner who is the first accused in Crime No.353 of 2010 of Chalissery Police Station for an offence punishable under Section 498A r/w Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before court, 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 executing a bond for `15,000/- (Rupees fifteen thousand only) with two B.A. No. 237/2011 : 2: solvent sureties each for the like amount to the satisfaction of the court below, and subject to the following conditions:- 1. 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. 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. rv