Akhil Appukkuttan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 Crl.MC.No. 578 of 2015 ------------------------ IN SC 187/2014 of PRINCIPAL ASSISTANT SESSIONS COURT, ERNAKULAM CRIME NO. 2404/2012 OF ERNAKULAM CENTRAL POLICE STATION , ERNAKULAM PETITIONERS/ACCUSED:
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1. AKHIL APPUKKUTTAN, AGED 24 YEARS, S/O.APPUKUTTAN, KATTITARATHUNDI HOUSE, MARADU, ERNAKULAM
2. SHAN V.S, AGED 22 YEARS, S/O.SHAJI, VETTIKAPILLIL HOUSE, VYASAPURAM, PANANGADU.
3. TINOOB, AGED 23 YEARS, S/O.CHOTHI, PANAYAKKATHARA NIKARTHIL, PANAVALLI, AROOR.
4. AKHIL RAJ, AGED 23 YEARS, S/O.SALIN, KUNNUMURATH HOUSE, CHENDAMANGALAM.
5. VISHNU DAMODARAN, AGED 23 YEARS, S/O.DAMODARAN, THAIVALAPPIL HOUSE, GOTHURUTHU, PARAVOOR.
6. AMAL KRISHNA N.P, AGED 23 YEARS, S/O.KRISHNA, NIKARTHIL HOUSE, NJARAKKAL.
BY ADVS.SRI.R.ROHITH SRI.SAYED MURTHALA THANGAL RESPONDENTS/COMPLAINANT:
------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 578 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A1. COPY OF THE FIR NO.2404 DATED 14/9/2012 REGISTERED BY CENTRAL POLICE STATION, ERNAKULAM.
ANNEXURE-A2. COPY OF THE CHARGE SHEET NO.882/2013 DATED 20/2/2013 PREPARED BY CENTRAL POLICE STATION, ERNAKULAM. ANNEXURE-A3. COPY OF THE JUDGMENT DATED 12/9/2014 IN CRL. MC NO.5185/2014.
RESPONDENT'S ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.578 of 2015 --------------------------------------- Dated this the 29th day of January, 2015 O R D E R The petitioners herein are the six accused in S.C No.187/2014 of the Principal Assistant Sessions Court, Ernakulam. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to recall the warrant, and to release them on bail, or to decide and dispose of their application for bail, without delay. Of course, the relief as sought by the petitioners 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 court below to decide whether bail could be granted to the petitioners. The petitioners will have to surrender before the court below and make application for bail.
Crl.M.C No.578 of 2015 for their absence in court, and they will have to explain the circumstances in which the warrant happened to be issued. When such satisfactory explanation is there, the question of releasing them 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 petitioners make application for bail on surrender in S.C No.187/2014, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. P.UBAID JUDGE ab