Binamsi @ Babu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 Crl.MC.No. 273 of 2015 () ------------------------- CP 171/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY ================= PETITIONER/ACCUSED:

---------------------------------- BINAMSI @ BABU, AGED 49 YEARS S/O.JOSEPH FERNANDEZ, PALLIYUDEKIZHAKKETHIL AREEKKAL, ALAPPADU, KOLLAM BY ADV. SRI.SYAM J SAM RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

------------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No. 273 of 2015 --------------------------------------- Dated this the 15h day of January, 2015

O R D E R

The petitioner herein is the accused in C.P. No.171/2014 of the Judicial First Class Magistrate Court, Karunagapally. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to recall the warrant and to release him on bail, or to decide and dispose of his application for bail, without delay. Of course, the relief as sought by the petitioner cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request to recall the warrant. It is for the trial court to decide whether bail could be granted to the petitioner. Of course, the petitioner will have to surrender before the trial court and make application for bail. He will have to explain the reason for his absence in court, and he will have to explain the

Crl.M.C.. No. 273/2015 circumstances in which warrant happened to be issued. When such satisfactory explanation is there, the question of releasing him on bail on appropriate conditions can be thought of by the learned Magistrate. Anyway, let appropriate decision regarding bail be taken by the learned Magistrate. However, a direction can be made to consider and dispose of the application for bail on the date of surrender itself.

In the result, this petition is closed with direction to the court below that in case the petitioner makes application for bail on surrender in C.P. No.171/2014, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side.

Sd/- P. UBAID, JUDGE sd