Mukesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 Crl.MC.No. 300 of 2015 () -------------------------- IN CP 134/2013 of J.M.F.C.,CHAVAKKAD PETITIONER(S):

-------------------------- MUKESH, AGED 36 YEARS S/O.MOHANAN, UNNIKOCHAN HOUSE, AZHIMUGHAM KADAPURAM, CHAVAKKAD TALUK.

BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S):

----------------------------

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

2. THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, THRISSUR DISTRICT.

R BY GOVERNMENT PLEADER SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sab

P.UBAID, J.

----------------------------- Crl. M.C No. 300 of 2015 --------------------------------------- Dated this the 16th day of January, 2015.

O R D E R

The petitioner herein is the first accused in C.P 134/2013 of the Judicial First Class Magistrate Court, Chavakkad. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below court he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below 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. Of course, the petitioner will have to surrender before the learned Magistrate, and make application for bail.

He will have to explain the reason for his absence in court and he will have to explain the 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.

Crl. M.C No. 300 of 2015 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.134/2013, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. P.UBAID, JUDGE sab