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2013 DIGILAW 948 (KER)

U. M. Ismail v. State of Kerala represented by The Public Prosecutor High Court of Kerala

2013-11-05

THOMAS P.JOSEPH

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Judgment : 1. Case against the petitioner is included in the LP register of the Judicial First Class Magistrate Court, Payyannur as L.P.No.40 of 2012. Petitioner apprehends arrest and has filed this application. 2. Learned counsel submits that learned magistrate has issued a non bailable warrant to the petitioner. 3. I have heard the learned Public Prosecutor also. 4. In view of the decision in Lavesh Vs. State (NCT, Delhi) (2013 (3) KLT 876), request for anticipatory bail cannot be allowed since steps under Secs.82 and 83 of the Code of Criminal Procedure are already initiated. 5. Learned counsel submits that the petitioner is prepared to surrender before the learned magistrate and seeks regular bail. Having regard to the above, the application is disposed of as under: (i) Petitioner shall surrender before the learned Judicial First Class Magistrate, Payyannur (in L.P.No.40 of 2012) within two weeks from this day. (ii) It is directed that the warrant of arrest issued to the petitioner will stand in abeyance until the said period of two weeks or the date on which petitioner surrenders before the learned magistrate, whichever is earlier subject to the condition that petitioner shall not, during the said period of two weeks until he surrenders before the learned Judicial First Class Magistrate, whichever is earlier, go beyond Kannur District.