High Court Kerala High Court

Rajeev vs The State Of Kerala on 1 January, 2010

Kerala High Court
Rajeev vs The State Of Kerala on 1 January, 2010
       

  

  

 
 
  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/