IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 8073 of 2010(D) --------------------------------------- [ LP.NO.2/2010 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM, KOTTAYAM DISTRICT] ................... PETITIONER/ACCUSED: ----------------------------------- G.ANILKUMAR, S/O.GOPALAKRISHNA PILLAI, RADHA NIVAS, ANCHUKALLUMMOODU, KOLLAM, (NOW RESIDING AT HOUSE NO.VII/1906, KOLLAM WEST VILLAGE). BY ADV. SRI.R.SATISH KUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. R1 TO R3 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. V. RAMKUMAR, J. ------------------------------- Bail Application No. 8073 of 2010 ------------------------------- Dated this the 13th day of December, 2010. O R D E R Petitioner who is the sole accused in S.T. No.344 of 2008 on the file of the Chief Judicial Magistrate, Kottayam 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 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 magistrate concerned and subject to the following conditions:- 1. Petitioner shall report before the Ministerial Officer of the Chief Judicial Magistrate Court, Kottayam between 10 a.m. and 12 noon on all Wednesdays. B.A. No. 8073/2010 : 2: 2. The petitioner shall appear before the Magistrate on all the dates of posting of the above case. 3. 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. rv