IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8649 of 2010()
1. A.T.MATHEW, S/O. THOMAS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE, REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.8649 of 2010
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Dated this the 11th day of January, 2011
ORDER
The petitioner, who is the sole accused in Crime
No.264 of 2005 of Peringom Police Station for an offence
punishable under Section 409 I.P.C. and whose case is now
pending before the Judicial Magistrate of the First Class,
Payyannur as C.C.No.385 of 2007 and LPC.107 of 2009, seeks
anticipatory bail.
2. Consequent on the non-appearance of the petitioner
before Judicial Magistrate of the First Class, Payyannur, 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
Bail Appln.No.8649/2010
-2-
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 him shall
be liable to be cancelled.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
skj