IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8594 of 2010() --------------------------- CC.357/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................. PETITIONER / ACCUSED: ------------------------------------ RAJU JOHN @ ALIAS, S/O. ULHANAN, AGED 43 YEARS, PALAPURATH HOUSE, MARADI VILLAGE, KAYANATTUKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.SUNIL V. MOHAMMED RESPONDENT / STATE : ---------------------------------- 1. THE STATE OF KERALA, REP. BY THE S.I. OF POLICE, RAMAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. BABY VARKEY, S/O. VARKEY, PALAPURATH HOUSE, VELAMAVUKUDIYIL, OORAMANA P.O., KAYANAD KARA, MUVATTUPUZHA, ERNAKULAM DISTRICT – 686 730. R1 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------- Bail Application No. 8594 of 2010 ------------------------------- DATED: 21-12-2010 O R D E R Petitioner who is the accused in Crime No. 54 of 2008 of Ramamangalam Police Station , Ernakulam District for offences punishable under Sections 447, 341, 323 and 324 I.P.C. and whose case is now pending before the J.F.C.M. Kolencherry, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before court, 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 court below and seek bail by filing an application for regular bail. Accordingly, If the petitioner surrenders 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 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 court below, and subject to the following conditions:- Bail A.No. 8594 of 2010 -:2:- 1. Petitioner shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the court below on all the dates of posting of the above case. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. 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 21st day of December, 2010. Sd/-V.RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge