IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Bail Appl..No. 8651 of 2010() ---------------------------------------- CC.220/2010 of J.M.F.C., KODUNGALLUR CRIME NO. 360/2010 OF KODUNGALLUR POLICE STATION, THRISSUR DISTRICT .................... PETITIONER/ACCUSED 1 TO 3 --------------------------------------------- 1. VIPIN, S/O.RAVEENDRAN, PUTHENKATTIL HOUSE, AMANDOOR DESOM, S.N.PURAM VILLAGE. 2. PRAVEEN, S/O.RAVEENDRAN, PUTHENKATTIL HOUSE, AMANDOOR DESOM, S.N.PURAM VILLAGE. 3. ANEESH, S/O.ASOKAN, KAKKARA HOUSE, AMANDOOR DESOM, S.N.PURAM VILLAGE. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): DE-FACTO / COMPLAINANT ------------------------------------------------------------------ STATE OF KERALA, REP. BY THE S.I. OF POLICE, KODUNGALLUR REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------------------ Bail Application No.8651 of 2010 ------------------------------------------- Dated this the 23rd day of December, 2010. O R D E R Petitioners who are accused Nos. 1 to 3 in Crime No.360 of 2010 of Kodungallur Police Station for offences punishable under Sections 325 and 34 I.P.C. and whose case is now pending before the J.F.C.M., Kodungallur as C.C. No. 220 of 2010 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 files 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 the petitioners executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the Bail A.No. 8651of 2010 -:2:- 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. Petitioners shall appear before the court below on all the dates of posting of the above case. 3. 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. rv