Ramachandran @ Appu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5685 of 2015 () ------------------------------- CRIME NO. 800/2011 OF WADAKKANCHERY POLICE STATION, TRISSUR PETITIONER/2ND ACCUSED:

------------------------- RAMACHANDRAN @ APPU, AGED 41 YEARS S/O. SHANKARANKUTTY, THRIKOVIL WARIYAM, WADAKANCHERY TRICHUR.

BY ADVS.SRI.VINAY RAMDAS SRI.VISHNUPRASAD NAIR RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE WADAKANCHERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R BY PUBLIC PROSECUTOR SRI.C.RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL.

B. SUDHEENDRA KUMAR, J.

------------------------------------- B.A. No.5685 of 2015 -------------------------------------- Dated this the 25th day of September, 2015.

ORDER

When this matter has been taken up for hearing, the learned Public Prosecutor has submitted that the final report had been already filed before the court and the matter is now pending as C.C.No.1387/2012 before the court of the Judicial Magistrate of First Class, Wadakanchery. It has been submitted by the learned counsel for the petitioner that a nonbailable warrant issued against the petitioner by the court below is still pending. Since the non-bailable warrant issued against the petitioner is pending, an order under Section 438 Cr.P.C in favour of the petitioner will not be justified. In the result, this application stands dismissed. However, the petitioner shall at liberty to surrender before the court concerned and apply for regular bail, if so advised. If the petitioner surrenders before the court and files any application for regular bail after serving the copy of the application in

B.A. No.5685 of 2015 -2advance to the learned Assistant Public Prosecutor, the court below shall consider and dispose of the application strictly in accordance with law, as expeditiously as possible, preferably on the date of filing itself.

Sd/- B. SUDHEENDRA KUMAR JUDGE Scl.

True Copy PA to Judge