WILSAKUMAR VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD both sides. This petition under Section 482 Cr. P. C. is filed by accused 1 and 3 in C. C. 6350 of 2004 on the file of the j. F. M. C. , Kattakkada alleging offences under Sections 452, 341, 323, 324, 427 r/w. Section 34 I. P. C. Now non-bailable warrant is pending. The counsel for the petitioner submitted that if the petitioners are released on bail they 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 petitioners are 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.