Rajamani v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 Crl.MC.No. 248 of 2015 ------------------------ IN CC 1578/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEDUMANGAD PETITIONER/4TH ACCUSED:

----------------------- RAJAMANI, AGED 62 YEARS T.C.23/1175, 'DEVIKA', GNRA 2ND STREET, MELAVOOR, KARAMANA, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.SANU.S.PANICKER RESPONDENT/RESPONDENT:

---------------------- 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 14-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 248 of 2015 --------------------- APPENDIX PETITIONER'S ANNEXURES:

------------------------ ANNEXURE-A1 COPY OF THE COMPLAINT DATED 04.09.2014 SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE HOME MINISTER,KERALA ANNEXURE-A2 COPY OF THE JUDGMENT IN W.P(C)23300 OF 2014 DATED 17.9.2014 PASSED BY THIS HON'BLE COURT.

ANNEXURE-A3 COPY OF THE DISHCARGE CARD DATED 27.9.2014 ISSUED BY THE GOVERNENT GENERAL HOSPITAL,THIRUVANANTHAPURAM ANNEXURE-A4 COPY OF THE REPORT IN MATHRUBHUMI DAILY DT.23.8.2014.

RESPONDENT'S ANNEXURES:

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

P.UBAID, J.

--------------------------------------- Crl.M.C No. 248 of 2015 --------------------------------------- Dated this the 14th day of January, 2015 O R D E R The petitioner herein is being prosecuted on a charge under Section 411 of the Indian Penal Code in C.C No.1578/2014 before the Judicial First Class Magistrate Court II, Nedumangadu. He was not arrested by the police during investigation, and his grievance is that he was not aware of the criminal proceeding against him.

2.

On the apprehension of arrest in execution of warrant of a arrest issued from the trial court, the petitioner seeks a direction from this Court under Section 482 of the Code of Criminal Procedure, to the court below to consider his application for bail without delay. Of course, he will to surrender before the learned Magistrate and make application for bail. The learned Magistrate, who has issued warrant of arrest will consider the request and take appropriate decision. I do not think that the learned Magistrate will mechanically remand him to judicial custody without hearing his grievance and without understanding the facts of the case. However, a

Crl.M.C No. 248 of 2015 direction can be given to the court below to consider his application for bail, on the date of surrender itself. In the result, this Criminal Miscellaneous Case is closed with direction to the court below that if application for bail is filed by the petitioner on surrender in C.C No.1578/2014, it shall be judiciously considered, and appropriate orders shall be passed, on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.

P.UBAID JUDGE ab