IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13541 of 2010(Q) --------------------------------------- PETITIONER(S): ---------------------- THANKACHAN, AGED 36 YEARS, S/O. MATHAI, PLACKICHIRA VEEDU, PALLIPPURAM, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA. BY GOVT. PLEADER MR.M.R.VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. = = = = = = = = = = = = = = = W.P.C. No.13541 of 2010 = = = = = = = = = = = = = = = Dated this the 23rd day of April, 2010. O R D E R Heard. Admit. Government Pleader takes notice for respondents. 2. Heard the learned counsel for the petitioner and learned Government Pleader. 3. This writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to give direction to Judicial First Class Magistrate-No.1, Cherthala for considering bail application to be filed on the date of surrender by the petitioner who is the accused in L.P.51/08(C.C.100/08). 4. Now non bailable warrant is pending against the petitioner. The offence alleged against the petitioner is under Article 498-A r/w S.34 of IPC. Since the petitioner is willing to surrender and face the trial, no purpose will be served by sending the petitioner to jail. W.P.C. No.13541 of 2010 -2- 5. Accordingly this writ petition is disposed of with the following directions. The petitioner is directed to surrender before the Judicial First Class Magistrate-No.1, Cherthala on or before 30.6.2010 in connection with L.P.51/08 pending before the Court. On such surrender the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable normal conditions. W.P.C. is allowed to that extent. M.L. JOSEPH FRANCIS, JUDGE. ul/-