High Court Kerala High Court

Mangalam Daily vs The State Of Kerala on 5 October, 2010

Kerala High Court
Mangalam Daily vs The State Of Kerala on 5 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6335 of 2010()


1. MANGALAM DAILY,
                      ...  Petitioner
2. T.NAZIRUDEEN,

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.GEORGEKUTTY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/10/2010

 O R D E R
                           V. RAMKUMAR, J.
               -------------------------------
                  Bail Application No.6335 of 2010
                -------------------------------
                          DATED: 5.10.2010

                               O R D E R

Petitioner, who is the accused in S.T. No.446/2007 on the file

of ACJM (E.O), Ernakulam for an offence punishable under Section

162 of the Companies Act, 1956. and whose case is now pending

before the court below as L.P.No.235/2008, 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. 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.6335 of 2010 -:2:-

1. 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. 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 his shall be liable to be
cancelled.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

sj