IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Bail Appl..No. 1203 of 2011() ----------------------------------------- CRIME NO.623/2001 OF VALAPATNAM POLICE STATION, KANNUR DIST. ..................... PETITIONER/IST ACCUSED ---------------------------------------- HAREESHAN, S/O.KRISHNAN, NIDHIN NIVAS, CHIRAKKAL AMSOM, PALLIKULAM DESOM, KANNUR DISTRICT. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, ADV. SRI.ALAN PAPALI, SRI.SOJAN MICHEAL. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, (CRIME NO.623/2001, S.I. OF POLICE, VALAPATNAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------------------------------- Bail Application No.1203 of 2011 --------------------------------------------------------- Dated this the 23rd day of February, 2011 ORDER The petitioner, who is the sole accused in Crime No.623 of 2001 of Valapatnam Police Station for offences punishable under Sections 323 & 498-A read with Section 34 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-II, Kannur as C.C.No.242 of 2002, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before Judicial Magistrate of the First Class-II, Kannur, 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 `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like Bail Appln.No.1203/2011 -2- amount to the satisfaction 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. Dated this the 23rd day of February, 2011. V.RAMKUMAR, JUDGE skj