IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4233 of 2009()
1. RAJEEV, AGED 27 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.S.BIJU (KIZHAKKANELA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :01/01/2010
O R D E R
M. L. JOSEPH FRANCIS J.,
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Crl. M.C. No.4233 of 2009
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Dated this the 1st day of January, 2010.
O R D E R
Heard both sides. This petition under Section 482 Cr.P.C. is filed
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
petitioner on bail the learned Magistrate may impose suitable condition.
The petition is allowed to the above extent.
(M. L. JOSEPH FRANCIS),
Judge.
dl/