IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Bail Appl..No. 7985 of 2010() ----------------------------------- CC.566/2005 of ADDL.C.J.M., ERNAKULAM CRIME NO. 6/2003 OF PANAGADU POLICE STATION .................... PETITIONER/ACCUSED NO.1 TO 3 ---------------------------------------- 1. SMT. SARASWATHI AMMA, MAYAPPILLY HOUSE, PULLAYETTIKKARA POST, MAMPUZHGA, KANJIRAMATTOM. 2. PAMESHAN, S/O.KRISHNAN NAIR, MAYAPPILLY HOUSE, PULAYETTIKKARA POST, MAMPUZHGA, KANJIRAMATTOM. 3. SIVAN. P.S., S/O.LATE SANKARAN, PANACKAL HOUSE, PALA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JAI GEORGE RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 7985 of 2010 ------------------------------- DATED: 1st December, 2010 O R D E R Petitioners who are the accused in Crime No. 6/2003 of Panagadu Police Station for offences punishable under Sections 406, 420, 120 B read with Section 34 I.P.C. and whose case is now pending before the Addl. Chief Judicial Magistrate Court, Ernakulam as C.C. No. 566 of 2005 , seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before court, non-bailable warrants of arrest are pending against them. 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 petitioners to surrender before the court below and seek bail by filing an application for regular bail. Accordingly, If the petitioners surrender before the court below within two weeks from today and file an application for regular bail, the court below shall, preferably on the same date on which the application is filed, release the petitioners on bail on each of them 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. 7985 of 2010 -:2:- 1. Petitioners shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioners shall appear before the court below on all the dates of posting of the above case. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. Dated this the 1st day of December, 2010. V.RAMKUMAR, JUDGE ani/