IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1859 of 2008()
1. REFEEK, S/O.SAINUDHEEN, PUZHAMKANDATH
... Petitioner
Vs
1. STATE OF KERALA THROUGH
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/04/2008
O R D E R
R. BASANT, J.
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B.A.No. 1859 of 2008
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Dated this the 7th day of April, 2008
O R D E R
After detailed discussions at the Bar, the learned counsel
for the petitioner only prays that the petitioner may be permitted
to withdraw this petition and surrender before the learned
Magistrate in the pending committal proceedings, where
allegations are raised under Section 302 I.P.C. also. The
petitioner’s case is that the allegations do not reveal any offence
under Section 302 I.P.C. against him. The learned Prosecutor is
only seeking time to explain how the allegation can be said to be
justified.
2. The learned counsel for the petitioner, in these
circumstances, submits that to avoid further protraction of the
proceedings in the C.P. the petitioner may be permitted to
withdraw this petition without any fetter on his right to surrender
before the learned Magistrate and seek regular bail. I am
satisfied that the said request can be accepted.
B.A.No. 1859 of 2008
2
3. This petition is dismissed making it clear that the dismissal of
this petition will not in any way fetter the right of the petitioner to
surrender before the learned Magistrate and seek regular bail.
Needless to say the petitioner’s application for regular bail must be
considered by the learned Magistrate on merits, in accordance with law
and expeditiously, as already held in the decision in Alice George v.
Dy.S.P. (2003 (1) KLT 339).
(R. BASANT)
Judge
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