IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7390 of 2010()
1. BAIJU, AGED 29 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP BY
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7390 of 2010
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DATED: 22nd day of November, 2010
O R D E R
Petitioner, who is the accused in Crime No.228/2008 of
Malayinkeezhu Police Station for offences punishable under
Sections 341, 354 I.P.C. and 3(1) (xi) of Scheduled Cast /
Scheduled Tribe (Prevention of Atrocities) Act and whose case is
now pending before the J.F.C.M Court, Kattakada as
C.P.No.233/2009, 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
Bail Application No. 7390 of 2010
2
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:-
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 his shall be
liable to be cancelled.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
dmb