IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 8098 of 2010(K) ----------------------------------- LP.142/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR. CRIME NO. .................... PETITIONER (S): ACCUSED ------------------------------------------ KUNHEEDUTTY, S/O. MUHAMMED, PAYYERI HOUSE, THALAPPALLY PADAM, POST TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.8098 of 2010 ------------------------------------------------------ Dated this the 06th day of December, 2010 ORDER The petitioner, who is the accused in C.C.No.500 of 2009 on the file of the Judicial Magistrate of the First Class, Kodungallur, 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 in C.C.No.500 of 2009 on the file of the Judicial Magistrate of the First Class, Kodungallur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P.No.142 of 2010. Admittedly, 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 Bail Appln.No.8098/2010 : 2 : 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, Kodungallur and subject to the following conditions:- 1. The petitioner shall report before the Ministerial Officer of the Magistrate Court, Kodungallur 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. V.RAMKUMAR, JUDGE skj