IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1539 of 2010()
1. NAZEER, S/O.SULAIMAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :27/04/2010
O R D E R
M. L. JOSEPH FRANCIS, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Crl.M.C. NO: 1539 OF 2010
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th Day of April, 2010
O R D E R
This petition under Section 482 Cr.P.C. is filed by the accused
in L.P. No. 284 of 2006 on the file of JFCMC, Kottarakkara under
Sections 341, 323, 421 r/w. Section 149 of IPC.
2. Heard the learned counsel for the petitioner. Learned
Public Prosecutor opposes the application.
3. Since the petitioner is willing to surrender and face trial,
practically no purpose will be served by sending the petitioner to
jail. Since non-bailable warrant is pending, the proper procedure is
to approach the court below and to file an application for
cancellation of warrant under Section 70(2) of Cr.P.C.
4. The petitioner is directed to surrender before that court on
or before 30.6.2010. On such surrender the court may allow the
petitioner to go on bail. While releasing the petitioner on bail, the
court may impose normal conditions.
The petition allowed to that extent.
M. L. JOSEPH FRANCIS, JUDGE
dl/