High Court Kerala High Court

Pathala Puthiya Purayil Musthafa vs The S.I. Of Police on 1 June, 2010

Kerala High Court
Pathala Puthiya Purayil Musthafa vs The S.I. Of Police on 1 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1890 of 2010()


1. PATHALA PUTHIYA PURAYIL MUSTHAFA,
                      ...  Petitioner

                        Vs



1. THE S.I. OF POLICE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.A.MOHAMED MUSTAQUE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/06/2010

 O R D E R
                           V. RAMKUMAR, J.
                ...................................................
                    Crl.M.C. No. 1890 of 2010
                           ............................
                  Dated: 1st day of June, 2010

                                   ORDER

Petitioner who is the first accused in Crime No. 3 of 1997
of the Pazhayangadi Police Station for an offence punishable
under Sec. 427 read with Sec. 34 I.P.C. and Section 3 (2) (a) of
Prevention of Damage to Public Property Act, 1984 and whose
case is now pending before the J.F.C.M. Payyannur as L.P.C. 119 of
2003 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 against him.

V. RAMKUMAR,
(JUDGE)