Savariyar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 Crl.MC.No. 343 of 2015 () -------------------------- IN CC 1738/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOCHI PETITIONER(S)/PETITIONER/ACCUSED NO 2:

-------------------------------------------------------------------------- SAVARIYAR AGED 25 YEARS S/O.RAJ SESRAJ, 58/2., SEBASTHIYAR STREET KARISALPATTI, DINDIGUL, TAMIL NADU 624705 BY ADVS.SRI.B.S.SWATHY KUMAR SRI.A.K.RAJESH SRI.VENKATESH GOPI RESPONDENT(S)/RESPONDENT/COMPLAINANT:

-------------------------------------------------------------------------- STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN-682031 R BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 343 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A:- TRUE COPY OF THE PROCLAMATION NOTICE IN CC NO 1738/2013 DTD 26/11/2014 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

----------------------------- Crl. M.C No.343 of 2015 --------------------------------------- Dated this the 20th day of January, 2015.

O R D E R

The petitioner herein is the accused No.2 in C.C No. 1738/2013 of the Judicial First Class Magistrate Court-I, Kochi. 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 release him on bail or to decide and dispose of his application for bail, without delay. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request for bail. 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 circumstances in which the 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.

Crl. M.C No.343 of 2015 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.C No. 1738/2013, 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