IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Bail Appl..No. 7424 of 2010 -------------------------------------- [CRIME NO.1562/10 OF CENTRAL POLICE STATION, ERNAKULAM] .................... PETITIONER/ACCUSED: ---------------------------------- SUJITH, S/O. V.K. SREENIVASAN, VELAMPATTU HOUSE, AGED 40 YEARS, 35/202, KALATHILPARAMBU ROAD, ERNAKULAM SOUTH. BY ADV. SRI.P.K.VARGHESE RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7424 of 2010 ------------------------------------------------ Dated this the 12th day of November, 2010 ORDER The petitioner, who is the accused in STC.No.7287 of 2010 on the file of the Judicial Magistrate of the First Class, Kannur 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 his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kannur and subject to the Bail Appln.No.7424/2010 : 2 : following conditions:- 1. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 2. The petitioner shall not commit any offence while on bail. 3. 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