Dileep v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Crl.MC.No. 123 of 2015 ----------------------- IN CC 669/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO. 246/1999 OF ERNAKULAM NORTH POLICE STATION , ERNAKULAM PETITIONER:

---------- DILEEP, AGED 37 YEARS, S/O.GOPINATHAN, VAISAKH VEEDU, PAZHAMTHOTTAM.

BY ADV. SRI.SHIBU VARGHESE RESPONDENT:

------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, COCHIN - 31.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 123 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE A-1. CERTIFIED COPY OF THE JUDGMENT BY THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM IN CC.NO.1161/2011 (CRIME NO.246/1999 OF ERNAKULAM TOWN NORTH POLICE STATION) DATED 30.11.2006.

RESPONDENT'S ANNEXURES:

----------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.123 of 2015 --------------------------------------- Dated this the 9th day of January, 2015 O R D E R The petitioner herein is the second accused in a prosecution brought under Section 365 of the Indian Penal Code, and the case is now pending as C.C. No.669/2008 before the Judicial First Class Magistrate Court II, Ernakulam. 2.

On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court the petitioner seeks orders under Section 482 of the Code of Criminal Procedure, directing the learned Magistrate to recall the warrant of arrest and to consider his application for bail. Of course, the warrant of arrest issued by the court cannot be recalled by this Court now. The learned Magistrate who has issued warrant of arrest for proper reasons will have to consider the petitioner's request and pass appropriate orders. The petitioner can very well surrender before the learned Magistrate and make application for bail. Annexure A1 judgment in C.C No.1161/2001 shows that the first accused stands acquitted by the trial court. He obtained such

Crl.M.C No.123 of 2015 acquittal when the material witnesses turned hostile. This fact will have to be considered by the learned Magistrate when the petitioner makes application for bail afresh. In the result, this Criminal Miscellaneous Case is closed with a direction to the court below that, application for bail, if filed by the petitioner on surrender in C.C No.669/2008, shall be judiciously considered, and appropriate decision as indicated above shall be taken, on the date of surrender itself. P.UBAID JUDGE ab