IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1508 of 2009()
1. SELVAN, S/O.RAGHAVAN NADAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :12/05/2009
O R D E R
M.L. JOSEPH FRANCIS, JJ.
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Crl.M.C.No. 1508 of 2009
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Dated this the 12th day of May, 2009
O R D E R
Heard both sides. This petition under Section 482 Cr.P.C. is
filed by the accused in C.C. 120 of 2006 on the file of the J.F.C.M-II,
Attingal alleging offences under Sections 457 and 379 I.P.C.
Now non-bailable warrant is pending. The counsel for the
petitioner submitted that if the petitioner is released on bail he will
not abscond or tamper with evidence. Since non-bailable warrant is
pending, the proper procedure is to approach the court below and file
an application under Section 70(2) Cr.P.C. for cancellation of warrant.
The petitioner is directed to surrender before the court below on or
before 7.7.2009. On such surrender, the learned Magistrate may allow
the petition to go on bail. While granting the petitioner bail, the
learned Magistrate may impose suitable conditions. Petition allowed to
that extent.
(M.L. JOSEPH FRANCIS)
Judge
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