IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 31ST AUGUST 2009 / 9TH BHADRA 1931 Crl.MC.No. 2914 of 2009() ------------------------- CRIME NO.526/2002 OF WEST POLICE STATION, KOTTAYAM LP.85/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ACCUSED --------------- BIJU @ MANIKANDAN S/O RAVUNNI KAPPLANGATTU HOUSE CHALISSERY, PALAKKAD NOW RESIDING AT AKKIKAVU VILLAGE THALAPPILLY TALUK, THRISSUR DISTRICT BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2914 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2009 ORDER This is a petition under Section 482 of Cr.P.C. by the accused in Crime No. 526/2002 of West Police Station, Kottayam. 2. The allegation against the petitioner is that he has committed an offence punishable under Section 489(B) read with 34 IPC i.e. he was found to be in possession of counterfeit currency. His grievance is that he came to know about the crime only recently, that non-bailable warrant is pending against him, that now the case is registered as L.P.No.85/2007 before the Judicial First Class Magistrate Court III, Kottayam and that he is willing to surrender before the lower court. There is a prayer in the petition for a direction to the Magistrate to grant bail which cannot be granted as granting bail is the discretion of the Magistrate. 3. Notice given to Public Prosecutor . He has no objection. The petitioner is directed to surrender before the Judicial First Class Magistrate Court III, Kottayam on or before 14/09/2009. On such Crl.M.C.No.2914/2009 2 surrender, the Magistrate shall dispose of his application for bail on the date of surrender itself. In the meanwhile, the warrant issued against him shall be kept in abeyance. Petition is disposed of as above. P.Q.BARKATH ALI JUDGE sv. Crl.M.C.No.2914/2009 2