IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2129 of 2010()
1. ABBAS NELLIKKAT, S/O.LATE ABOOBACKER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. KHALEEL POVVAL CHALKARA, AGED 25 YEARS,
For Petitioner :SRI.JAWAHAR JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.2129 of 2010
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Dated this the 17th day of June, 2010
ORDER
Petitioner who is the accused in C.C.No.670/2009 for
offences punishable under Sections 323 & 326 read with
Section 34 I.P.C. and whose case is now pending before
the Judicial Magistrate of the First Class
Court-I, Kasaragod as C.C.No.670/2009 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-I, Kasaragod 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
Crl.M.C.No.2129/2010
: 2 :
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. The learned Magistrate shall
also taken into consideration the compromise entered into
between the parties.
Dated this the 17th day of June, 2010.
V. RAMKUMAR,
(JUDGE)
skj