IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Bail Appl..No. 1898 of 2011 ------------------------------------- [L.P.NO.180/2009 IN S.T. NO.105/2004 OF C.J.M, KOLLAM, KOLLAM DISTRICT] .......... PETITIONER/ACCUSED: ---------------------------------- P.RAJENDRAN PILLAI S/O.PURUSHOTHAMAN UNNITHAN, PUNNOTTUVILA VEEDU, KIZHAKKANELA P.O, PARIPPALLY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.PRATHEESH.P. RESPONDENT: ---------------------- 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 08/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1898 of 2011 ----------------------------------------------------- Dated this the 8th day of March, 2011 ORDER Petitioner, who is the accused in S.T. No.105 of 2004 (now pending as L.P.No.180 of 2009) 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 Bail Appln.No.1898/2011 : 2 : Magistrate, Kollam and subject to the following conditions:- 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 8th day of March, 2011. V.RAMKUMAR, JUDGE. skj