High Court of KeralaCrl.MC/44/2015closed

Mohammed Riyas v. State Of Kerala

2015-01-07Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 Crl.MC.No. 44 of 2015 ------------------------- CRIME NO. 35/2012 OF VIDYA NAGAR POLICE STATION , KASARGOD PETITIONER/ACCUSED:

---------------------------------- MOHAMMED RIYAS, AGED 37 YEARS S/O.ABDUL RAHIMAN THAYAL, S.P NAGAR, ULIYATHADKA POST KASARAGOD TALUK & DISTRICT BY ADV. SRI.S.JIJI RESPONDENT/STATE:

-------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM R BY PUBLIC PROSECUTOR, SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dl/

P.UBAID, J.

----------------------------- Crl. M.C No. 44 of 2015 --------------------------------------- Dated this the 7th day of January, 2015.

O R D E R

The petitioner herein is one of the accused in Crime No.35/2012 of the Vidyanagar Police Station of Kasaragod District. On the apprehension of remand to judicial custody in case of surrender before the Investigating Officer or before the learned Magistrate having jurisdiction, the petitioner seeks a direction from this court under Section 482 Cr.P.C to the learned Magistrate to release him on bail on surrender. Of course, the prayer as sought by the petitioner cannot be granted. He will have to surrender before the learned Magistrate, and make application for regular bail. Or if the offence is non bailable he can even move an application for pre-arrest bail. However a direction can be made to the court below to disposal of his request for bail, if made, without delay.

It must be his option to surrender before the Investigating Officer or before the learned Magistrate, because investigation is still in progress.

Crl. M.C No. 44 of 2015 Investigating Officer on arrest before him, the same shall be judiciously considered, and appropriate decision regarding bail shall be taken on the date of application itself, however with notice to the other side.

P.UBAID, JUDGE sab