IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6468 of 2010() ---------------------------------- (STC 7287/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KANNUR DISTRICT) ........ PETITIONER(S)/ACCUSED ------------------------------ SUJITH, S/O. V.K. SREENIVASAN, AGED 40 YEARS, VELAMPATTU HOUSE, 35/202, KALATHILPARAMBU ROAD, ERNAKULAM SOUTH BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT(S)/COMPLAINANT -------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.K. GANGADHARAN, KALIKOTTA VEEDU, NORTH P.O., KANNUR DISTRICT-670 703. R1 BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ------------------------------- Bail Application No.6468 of 2010 ------------------------------- DATED: 8th day of October, 2010 O R D E R The petitioner, who is the accused in S.T.C No.7287/2010 on the file of the Judicial Magistrate of the First Class, Kannur for an offence punishable under Section 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 Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to Bail Application No.6468 of 2010 2 the following conditions:- 1. The petitioner shall report before the Chief Ministerial Officer of the Magistrate Court, Kannur 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 dmb