IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Crl.MC.No. 3564 of 2010() ---------------------------------------- (CRIME NO.376/2010 OF NADAKKAVU POLICE STATION) PETITIONER(S): ------------------------- DHANESH, S/O. DASAN, "USHAS", KORAPPATTIL, ELATHOOR, KOZHIKODE-673 303. BY ADV. SRI.M.PROMODH KUMAR RESPONDENT(S): ----------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE. CRIME/FIR NO.376/2001 REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. BENNY VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------- Crl.M.C.No.3564 OF 2010 --------------------------- Dated this the 27th day of August, 2010 O R D E R ~~~~~~~ This is a petition preferred under Section 482 of the Code of Criminal Procedure with the following prayers: “A. Pass an order prescribing specific condition with regard to the surrender of the petitioner/1 st accused in Ndakkavu Crime No.376/2010 before the Investigating Officer such as date, time, period etc.; B. or in the alternative grant the petitioner leave to surrender before the court below, JFCM Court IV, Kozhikode in Nadakkavur Crime/FIR No.376/2010 with directions to that court to prescribe the time, date, etc. for petitioner's surrender before the Investigating Officer and prescribing conditions with regard to the bail offered by the petitioner before the court below.” 2. The petitioner is an accused for offences punishable under Sections 417,313,376,120-B read with Section 34 of the IPC. His application for pre-arrest bail preferred under Section 438 of the Code of Criminal Procedure was dismissed. Now, this petition. Crl.M.C.No.3564/2010 2 3. Having heard the learned counsel representing the petitioner, I find little merit in this petition. The learned Sessions Judge had already directed the petitioner to surrender either before the Investigating Officer or before the court concerned and to offer bail. The petitioner is at liberty to apply for regular bail after surrendering. The application for bail, if any, filed shall be disposed of by the court concerned in accordance with law, if possible, on the same day itself. The Crl.M.C. Is disposed of as above. (P.S.GOPINATHAN, JUDGE) ps