High Court Kerala High Court

A.T.Mathew vs The Sub Inspector Of Police on 11 January, 2011

Kerala High Court
A.T.Mathew vs The Sub Inspector Of Police on 11 January, 2011
       

  

  

 
 
  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.
             --------------------------------------------------
               Bail Application No.8649 of 2010
            ----------------------------------------------------
           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

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