IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Bail Appl..No. 7397 of 2010() ----------------------------------------- (CRIME NO.65/2005 OF VALAPAD POLICE STATION) ..... PETITIONERS: ACCUSED 22 AND 37: -------------------------------------------------------- 1. SANAFAR, S/O. ABU, VALIYAKATH, VELLANCHIRA, KAROOR, ALOOR. 2. SHAHUL HAMEED, S/O. KUNJIMON, VALIYAKATH, VELLANCHIRA, ALOOR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I OF POLICE, VALAPPAD. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 7397 of 2010 ------------------------------- Dated this the 23 rd day of November, 2010. O R D E R Petitioners who are accused Nos. 22 and 37 in Crime No. 65 of 2005 of Valappad Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w Section 149 I.P.C. and whose cases are now pending before the Addl. Sessions Court (Adhoc), Fast Track No. I, Thrissur as S.C. Nos. 505 and 529 of 2006, 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 the petitioners 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 following conditions:- B.A. No. 7397/2010 : 2 : 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