IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 6259 of 2010() ----------------------------- SC.455/2003 of ADDL.S.C.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA CRIME No.224/2001 of NEYYARDAM POLICE STATION .................... PETITIONER/ACCUSED :- --------------------------------- GOPAKUMAR, S/o.GOPALAPANICKAR, AGED 38 YEARS, KIZHAKKE MANJANICODE, KALLIKKADU VILLAGE, NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S)/COMPLAINANT :- ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.6259 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED: 1st day of October, 2010 O R D E R Petitioner, who is the accused in Crime No.224/2001 of Neyyardam Police Station for offences punishable under Secs. 55(a) and 58 of the Abkari Act and whose case is now pending before the Additional Sessions Court for the trial of Abkari Act Cases, Neyyattinkara as S.C.No.455/2003, 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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction Bail Application No.6259 of 2010 2 of the court below, and subject to the following conditions:- 1. The 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. The 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 him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE dmb