IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Bail Appl..No. 8700 of 2010() ----------------------------------------- (LP 104/10 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR, MALAPPURAM) ..... PETITIONER : ACCUSED: ----------------------------------------- PALARA ABDULLA, S/O. MUHAMMED, P.O. EDAYOOR, VALANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.8700 of 2010 ------------------------------- DATED: 23.12.2010 O R D E R Petitioner, who is the sole accused in S.T. No.2348/2004 on the file of the Judicial Magistrate of the First Class, Tirur 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 and subject to the following conditions:- 1. Petitioner shall report before the Ministerial Officer of the Magistrate Court, Tirur between 10 a.m. and 12 noon on all Wednesdays. Bail A.No.8700 of 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. 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. Dated this the 23 rd day of December, 2010. V.RAMKUMAR, JUDGE sj