Seby Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Bail Appl..No. 7829 of 2015 () ------------------------------- CRIME NO. 1160/2012 OF KALADY POLICE STATION, ERNAKULAM DISTRICT -------------------- PETITIONER/2ND ACCUSED :

------------------------------------------- SEBY JOSEPH S/O T.O. JOSEPH, THEKKEKARA HOUSE, KOTTAMAM NEELEESWARAM P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM DIST. -682031. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7829 of 2015 -------------------------------------- Dated this the 15th day of December, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the second accused in Crime No.1160 of 2012 of Kalady Police Station registered for offences punishable under Sections 120B, 420 and 406 read with Section 34 of the Indian Penal Code. 3.

Heard both sides.

4.

Learned Prosecutor submitted that a final report has already been filed in this matter.

Therefore there is no question of considering an application under Section 438 of the Code of Criminal Procedure at this stage. Hence the following order:

BA No.7829/2015 Petitioner shall surrender before the Judicial First Class Magistrate Court, Kalady and move for regular bail. In that event, the learned Magistrate shall consider the application on merits and pass appropriate orders as expeditiously as possible, if possible on the date of surrender itself.

Application is disposed of.

A. HARIPRASAD, JUDGE.

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