Razak 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. 144 of 2015 () -------------------------- SC 260/2009 of SESSIONS COURT, THRISSUR =============== PETITIONERS/ACCUSED:

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1. RAZAK, S/O. ABBAS, KALAPPURACKAL HOUSE MUPPATHADAM.P.O., ALUVA.

2. PRAMOD.K.P., AGED 31 YEARS S/O. PURUSHAN, KUNNUMMEL HOUSE, MUPPATHADAM.P.O. ALUVA, ERNAKULAM.

3. NISHAD A.A., AGED 31 YEARS S/O. ABOOBACKER, AALIYAN HOUSE, ERAMAM MUPPATHADAM, ALUVA.

4. BINEESH, AGED 32 YEARS S/O. VELAYUDHAN, KOMBANIL HOUSE MUPPATHADAM, ALUVA.

BY ADVS.SRI.P.V.ANILKUMAR SRI.E.D.GEORGE SMT.D.SARITHA RESPONDENT/STATE:

------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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

SD

P. UBAID, J.

--------------------------------------- Crl.M.C. No. 144 of 2015 --------------------------------------- Dated this the 9th day of January, 2015

O R D E R

The petitioners herein are the accused Nos.2 to 5 in S.C. No.260/2009 of the Court of Session, Thrissur. The case is now pending before the learned Additional Sessions Judge-III, Thrissur. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued from the trial court, they seek orders from this Court under Section 482 Cr.P.C., directing the court below to consider their application for bail without delay. Of course, the petitioners will have to surrender before the trial court and make application for bail. Their request for bail afresh will be considered by the learned Additional Sessions Judge, on merits. The petitioners will have to explain the reason for their consistent absence, and if there is such satisfactory explanation, the question of granting bail on appropriate conditions can be thought of. However, a direction can be issued as sought, in the interest of justice. In the result, this Crl.M.C. is closed, with direction to the

Crl.M.C.. No. 144/2015 court below that in case application for bail is filed by the petitioners on surrender in S.C. No. 260/2009, the same shall be judiciously considered, and appropriate decision on bail shall be taken on the date of surrender itself, however with notice to the other side.

Sd/- P. UBAID, JUDGE sd