IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Bail Appl..No. 2472 of 2011() ----------------------------- CC.71/2008 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED --------------------------- BHUVANESWARI AMMA, D/O.PONNAPPAN ACHARI, AGED 53 YEARS, MALAYATHOPPIL PUTHEN VEEDU,(BHUVANESWARI MATTAM), PARUMALA MURI, KADAPRA VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2472 of 2011 ------------------------------- DATE: 25.03.2011 O R D E R Petitioner, who is the sole accused in C.C.No.71/2008 on the file of the Judicial Magistrate of the First Class,Kottarakkara 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 Magistrate and subject to the following conditions:- 1. Petitioner shall report before the Ministerial Officer of the Magistrate Court, Kottarakkara between 10 a.m. and 12 noon on all Wednesdays. Bail A.No.2472 of 2011 -:2:- 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 her shall be liable to be cancelled. This petition is disposed of as above. Dated this the 25 th day of March, 2011. V.RAMKUMAR, JUDGE sj