IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5304 of 2011() ----------------------------- ST.1255/2008 of C.J.M.,KOLLAM PETITIONER : -------------------- SREEKUMAR, KONNULLIL HOUSE, NEAR KESARI MEMORIAL VILLAGE, NORTH PARAVUR ERNAKULAM. BY ADV. SRI.LIJU. M.P RESPONDENT:COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.5304 of 2011 ------------------------------------------------ Dated this the 30th day of June, 2011 ORDER Petitioner, who is the accused in S.T. No.1255 of 2008 on the file of the Chief Judicial Magistrate, Kollam, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, 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 Magistrate and file an application for regular bail. Accordingly, if the petitioner surrenders before the Magistrate within two weeks from today and files an application for regular bail, the Magistrate 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 solvent sureties each for the like amount to the satisfaction of the Magistrate, Kollam and subject to the following conditions:- Bail Appln.No.5304/2011 : 2 : 1. The petitioner shall report before the Ministerial Officer of the Magistrate Court, Kollam between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 3. The petitioner shall not commit any offence while on bail. 4. 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. Dated this the 30th day of June, 2011. V.RAMKUMAR, JUDGE. skj