IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Bail Appl..No. 7199 of 2010() --------------------------------------- SC. NO.393/2010 OF ADDL.SESSIONS COURT (FAST TRACK COURT NO.I, MANJERI. ......... PETITIONER (S): ACCUSED --------------------------------------- 1. ALAVIKUTTY HAJI, S/O. HYDROSEKUTTY,' UROKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 2. HAMZA HAJI, S/O. HYDROSEKUTTY, URAKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 3. HUSSAIN, S/O. ALAVIKUTTY HAJI, URAKAKOTTIL HOUSE, VELLILA MANKADA , MALAPPURAM DISTRICT. 4. USMAN, S/O. ALAVIKUTTY HAJI, URAKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 5. NOUFAL, S/O. HAMZA HAJI, URAKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 6. ABBAS S/O. ALI, URAKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 7. BASHEER, S/O. ALAVIKUTTY, URAKAKOTTIL HOUSE, VELLILA, MANKADA , MALAPPURAM DISTRICT. 8. MUJEEB RAHIMAN, S/O. ALAVIKUTTY HAJI, URAKAKOTTIL HOUSE, VELLILA, MANKADA, MALAPPURAM DISTRICT. 9. UNNIKRISHNAN, S/O. CHATHAPAN, VELLILA, MANKADA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR B.A. NO.7199/2010 RESPONDENT(S): STATE ------------------------------------ THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI 31. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/11/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 7199 of 2010 ------------------------------- DATED: 4th day of November, 2010 O R D E R Petitioners, who are accused in S.C.No.393/2010 on the file of the Additional Sessions Court (Fast Track Court-I), Manjeri for offences punishable under Sections 143, 147, 148 and 324 read with 149 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before court, 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 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 Bail Application No. 7199 of 2010 2 following conditions:- 1. The 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. The 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 dmb