IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2757 of 2007()
1. P.H.M.BASHEER, ADVOCATE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. A.J.THOMAS, AMBAZHATHINAKUNNEL VEEDU,
For Petitioner :SRI.V.B.PREMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/09/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2757 of 2007
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Dated this the 7th day of September, 2007
O R D E R
After elaborate discussions at the Bar, when finally the
dictation commenced, the learned counsel for the petitioner made a
short request. He prays that he may be permitted to withdraw this
Crl.M.C. and raise all his contentions before the learned Magistrate.
The learned counsel further submits that the warrant of arrest issued
by the learned Magistrate is chasing the petitioner now. The
petitioner is willing to appear before the learned Magistrate. He
prays that the learned Magistrate may be directed to consider his
application for bail on merits, in accordance with law and
expeditiously.
2. I am satisfied that permission to withdraw the petition can
be allowed. Needless to say, the petitioner can raise all his
contentions before the learned Magistrate.
3. This Crl.M.C. is accordingly dismissed as withdrawn, but
with the specific observation that if the petitioner surrenders before
the learned Magistrate and applies for bail after giving sufficient
prior notice to the Prosecutor in charge of the case, the learned
Crl.M.C.No. 2757 of 2007
2
Magistrate must proceed to pass orders on merits, in accordance with law
and expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
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