IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Bail Appl..No. 1480 of 2011() ---------------------------------------- L.P.NO.26/2009 IN C.C.NO.1257/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA, KOLLAM DISTRICT. .................. PETITIONER/ACCUSED --------------------------------- A.K. NINAN, S/O.KUNJANDY, AGED 46 YEARS, ALUMMOOTTIL HOUSE, PANAMPATTA, AVANEESWARAM, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.1480 of 2011 --------------------------------------------------- Dated this the 23rd day of February, 2011 ORDER The petitioner, who is the accused in L.P.No.26 of 2009 in C.C.No.1257 of 2004 on the file of the Judicial Magistrate of the First Class-I, Kottarakkara 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 and subject to the Bail Appln.No.1480/2011 -2- following conditions:- 1. The petitioner shall report before the Ministerial Officer of the Magistrate Court, Kottarakkara 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 23rd day of February, 2011. V.RAMKUMAR, JUDGE skj