High Court Kerala High Court

Joshy Joseph vs State Of Kerala on 14 June, 2010

Kerala High Court
Joshy Joseph vs State Of Kerala on 14 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2094 of 2010()


1. JOSHY JOSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.S.JOHN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :14/06/2010

 O R D E R
                                 V. RAMKUMAR, J.
                         = = = = = = = = = = = = = = =
                            Crl.M.C. No.2094 of 2010
                        = = = = = = = = = = = = = = = =
                                 Dated:14.06.2010

                                      ORDER

Petitioner who is the 5th accused in Crime No.20 of 2006 of

Gandhinagar Police Station, Kottayam for offences punishable

under Sections 143,147,341 and 353 read with 141 IPC and whose

case is now pending before the J.F.C.M, Ettumanoor as C.C.

No.99/2010 seeks a direction to the said Magistrate to release the

petitioner on bail on the date of his surrender itself.

2. Admittedly, non-bailable warrants of arrest are pending

against the petitioner. The circumstances under which those non-

bailable warrants of arrest came to be issued against the petitioner

are not discernible to this Court. It is only proper that the

petitioner surrenders before the J.F.C.M. and seeks regular bail.

Accordingly, this Crl.M.C. is disposed of permitting the

petitioner to surrender before the learned Magistrate and file an

application for regular bail within a period of two weeks from

today. In case, the petitioner complies with the above condition,

his bail application shall be considered and disposed of on merits

preferably on the same date on which it is filed notwithstanding the

pendency of any non-bailable warrants, if any, against him and

after considering the explanation offered by the petitioner for his

previous non-appearance and also after considering the fact that

the co-accused in the case have been acquitted after trial.

Dated this the 14th day of June, 2010
V. RAMKUMAR,
(JUDGE)
sj