High Court Kerala High Court

K.T.Baby vs Abraham Varghese on 12 May, 2009

Kerala High Court
K.T.Baby vs Abraham Varghese on 12 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1537 of 2009()


1. K.T.BABY, INDIKKATTIL HOUSE,
                      ...  Petitioner

                        Vs



1. ABRAHAM VARGHESE, VADAKKETHARA
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :12/05/2009

 O R D E R
                      M.L. JOSEPH FRANCIS, J.
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                       Crl.M.C.No. 1537 of 2009
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                Dated this the 12th day of May, 2009

                                  O R D E R

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

filed by the accused in S.T.955 of 2006 on the file of the Chief

Judicial Magistrate Court, Papthanamthitta alleging offence under

Section 138 of the N.I. Act.

Now non-bailable warrant is pending. The counsel for the

petitioner submitted that if the petitioner is released on bail he will

not abscond or tamper with evidence. Since non-bailable warrant is

pending, the proper procedure is to approach the court below and file

an application under Section 70(2) Cr.P.C. for cancellation of warrant.

The petitioner is directed to surrender before the court below on or

before 7.7.2009. On such surrender, the learned Magistrate may allow

the petition to go on bail. While granting the petitioner bail, the

learned Magistrate may impose suitable conditions. Petition allowed to

that extent.

(M.L. JOSEPH FRANCIS)
Judge
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