Rajeev Vs State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931

Crl.MC.No. 4233 of 2009() ------------------------LP.40/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA ....................

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PETITIONER(S): ---------------

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RAJEEV, AGED 27 YEARS, SON OF RAVEENDRAN RESIDING AT CHARUVILA PUTHEN VEEDU, VELIYAM PANCHAYATH, KOLLAM DISTRICT.

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BY ADV. SRI.S.BIJU (KIZHAKKANELA)

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RESPONDENT(S): --------------THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, POYYAPPALLY POLICE STATION.

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BY PUBLIC PROSECUTOR, SRI. B. JAYASURYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M. L. JOSEPH FRANCIS J.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C. No.4233 of 2009

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1^st day of January, 2010.

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O R D E R

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Heard both sides. This petition under Section 482 Cr.P.C. is filed

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by the accused in L.P. No. 40 of 2002 on the file of the Judicial First Class Magistrate Court II, Kottarakkara. Now non-bailable warrant is pending. Since non-bailable warrant is pending, the proper procedure is to approach the court below and file an application for cancellation of the warrant under Section 70(2) of the Cr.P.C. The petitioner is directed to surrender before that Court on or before 27.2.2010. On such surrender, the learned Magistrate may allow the petitioner to go on bail. While releasing the

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petitioner on bail the learned Magistrate may impose suitable condition.

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The petition is allowed to the above extent.

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(M. L. JOSEPH FRANCIS), Judge.

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dl/

Rajeev v. State of Kerala

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Rajeev v. State of Kerala

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