IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Bail Appl..No. 261 of 2011() --------------------------------------- ST.3689/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLANCHERRY .................... PETITIONER: -------------------- FAIZAL P.S., PUTHANPURAKKAL HOUSE, H.NO.7/709A, D.S. ROAD, COCHIN-682 002. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): -------------------------- 1. STATE OF KERALA, THROUGH S.I. OF POLICE, KALAMASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FULLERTON INDIA CREDIT CO. LTD., IYYATTIL JUNCTION, CHITTOOR ROAD, KOCHI-682 031. R1 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. .................................................... Bail Application No. 261 of 2011 ..................................................... Dated this the 10th day of January, 2011 O R D E R Petitioner who is the sole accused in S.T. No.3689 of 2009 on the file of the J.F.C.M. , Kolencherry, for an offence punishable under Sec. 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 J.F.C.M., Kolencherry, and subject to the following conditions:- Bail A.No. 261 of 2011 -:2:- 1. Petitioner shall report before the Ministerial Officer of the Magistrate Court, Kolencherry, 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. 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 his shall be liable to be cancelled. This petition is disposed of as above. Dated this the 10th day of January, 2011. Sd/- V.RAMKUMAR, JUDGE ani /true copy/ P.S. to Judge