IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Bail Appl..No. 8620 of 2010() ----------------------------- CP.20/2008 of J.M.F.C.,PERUMBAVOOR CRIME NO.62/2007 OF THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DIST. .................... PETITIONERS ----------------------- 1. ANVAR SADIQUE,AGED 35 YEARS, S/O.KUNJUMUHAMMED,SOUTH ETHIYIL HOUSE, EZHIPRAM KARA,VAZHAKKULAM VILLAGE,ERNAKULAM. 2. RAFEEK,AGED 32 YEARS,S/O.KUNJUMUHAMMED, SOUTH ETHIYIL HOUSE,EZHIPRAM KARA, VAZHAKKULAM VILLAGE,ERNAKULAM. BY ADV. SRI.S.RENJITH RESPONDENT(S): ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No. 8620 of 2010 ------------------------------------------ Dated this the 22nd day of December, 2010 O R D E R Petitioners, who are the accused in Crime No.62/2007 of Thadiyittaparambu Police Station for offences punishable under Sections 324, 326, 448, and 307 read with Section 34 I.P.C. and whose cases are now pending before the Judicial First Class Magistrate Court, Perumbavoor as C.P.No.20/2008, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before the Judicial First Class Magistrate Court, Perumbavoor, non-bailable warrants of arrest are pending against the petitioners. 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 petitioners to surrender before the court below and seek bail by filing an application for regular bail. Accordingly, if the petitioners surrender before the court below within two weeks from today and file an application B.A.No.8620/2010 2 for regular bail, the court below shall, preferably on the same date on which the application is filed, release the petitioners on bail on each of them executing a bond for Rs.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. Petitioners shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioners shall appear before the court below on all the dates of posting of the above case. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE. ln