IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2924 of 2009()
1. REJI, S/O.GEORGE, AGED 28 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA REP.BY
... Respondent
For Petitioner :SRI.P.VINODKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :31/08/2009
O R D E R
P.Q.BARKATH ALI, J
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Crl.M.C No.2924 of 2009
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Dated this the 31st day of August, 2009
O R D E R
This is a petition under Section 482 Cr.P.C by the 2nd
accused in C.C.No.433 of 2005 of Judicial Magistrate of the First
Class-II, Chengannur. The case against him was split up and is
now numbered as C.C.No.78 of 2007.
2. The allegations against the petitioner is that he along
with accused 1 and 3 wrongfully restrained the defacto
complainant who was riding a motor cycle on March 29, 2004 at
about 7.30 p.m and voluntarily caused hurt to him by beating
with a stick and stabbing with a knife and thereby committed the
offences punishable under Sections 341, 324 r/w 34 I.P.C. The
case against accused 1 and 3 ended in acquittal as seen from the
copy of the judgment of the lower court produced as Annexure-
A1. As the petitioner was employed abroad, the case against him
was split up. Now a non bailable warrant is pending against him.
He apprehends that if he surrenders before the trial court, he
may be remanded. The petitioner wanted to go abroad also. The
petitioner prays that the learned Magistrate may be directed to
Crl.M.C No.2924 of 2009 2
consider his bail application on the date of this surrender itself
and to direct the Magistrate to release him on bail.
3. Notice given to the learned Public Prosecutor. He has
no objection.
4. In the result, this Crl.M.C is allowed in part. The
petitioner shall surrender before the trial court on or before
14.09.09. On such surrender, the trial court shall consider his
bail application on the date of surrender itself and pass
appropriate orders. Meanwhile the trial court is directed to keep
the non bailable warrant issued against him pending.
(P.Q.BARKATH ALI, JUDGE)
rtr/-