IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.MC.No. 1655 of 2009 ------------------------- CC.687/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.472 OF 2002 OF KALAMASSERY POLICE STATION .................... PETITIONER: ACCUSED NO.2 --------------------------- SAJEEV,S/O.SURENDRAN,AGED 34 YEARS, RESIDING AT MANNULIPPARAMBU,THANIKKAL, ELAMAKKARA,NOW RESIDING AT PARAKKATTU HOUSE, GANDHI SQUIRE,AYYANKALI ROAD,POONITHURA. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ENAKULAM,REP.BY SUB INSPECTOR OF POLICE, KALAMASSERY. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1655 of 2009 ------------------------------------- Dated this the 19th day of May, 2009 O R D E R Heard both sides. This petition under Section 482 Cr.P.C is filed by the 2nd accused in C.C.No.687 of 2006 on the file of Judicial Magistrate of the First Class-II, Aluva. The offence alleged is under Section 379 of I.P.C. Now non bailable warrant is pending against the petitioner. 2. The petitioner is ready to surrender and face trial. Since the petitioner is prepared to surrender and face trial, there is no necessity to send the petitioner to jail. Hence this petition is allowed. The petitioner is directed to surrender before the trial court on or before 10.07.2009. 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 conditions. M.L.JOSEPH FRANCIS JUDGE rtr/-