P.Kunhabdulla vs The Station House Officer on 24 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5992 of 2010()


1. P.KUNHABDULLA,AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,BAKE POLICE
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/09/2010

 O R D E R
                        V. RAMKUMAR, J.
                 * * * * * * * * * * * * * * * * * *
             Bail Application No.5992 of 2010
                 * * * * * * * * * * * * * * * * * *
       Dated this the 24th day of September, 2010

                              ORDER

Petitioner, who is the 1st accused in Crime No.153/2008 of

Bakel Police Station for an offence punishable under Section 498A

I.P.C, seeks anticipatory bail. Consequent on the non-

appearance of the petitioner before the J.F.C.M Court-II, Hosdurg

in C.C.No.736/2008, non-bailable warrant of arrest are pending

against the petitioner.

2. Anticipatory bail cannot be granted to nullify the

process issued by a court of competent jurisdiction. There is no

reason why the petitioner should not surrender before the J.F.C.M

Court-II, Hosdurg and seek regular bail. Accordingly, if the

petitioner surrenders before the J.F.C.M Court-II, Hosdurg and

files an application for regular bail within two weeks from today,

the learned Magistrate shall preferably on the same date on

which the application is filed, release the petitioner on bail on his

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 Magistrate and subject to the following

conditions:-

Bail Application No.5992 of 2010
2

1. The petitioner shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on
all Wednesdays.

2. The petitioner shall make himself available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

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)

dmb