Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 Crl.MC.No. 751 of 2015 ------------------------ IN CRL.M.P NO. 2835/2014 OF THE SESSIONS COURT,KOTTAYAM CRIME NO. 1254/2014 OF VAIKOM POLICE STATION, KOTTAYAM PETITIONER:

------------ RAJESH, AGED 38 YEARS, S/O.KURUMBAN, RESIDING AT PATHUPARATHARAYIL HOUSE, PADINJAREMURI KARA, NADUVIL VILLAGE, VAIKOM, KOTTAYAM DISTRICT BY ADV. SRI.J.ABHILASH RESPONDENT:

------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.751 of 2015 --------------------------------------- Dated this the 6th day of February, 2015 O R D E R The petitioner herein is the 1st accused in Crime No.1254/2014 of Vaikom Police Station, registered under Section 392 of the Indian Penal Code. An application filed by him for pre-arrest bail as Crl.M.P No.2835/2014 was disposed of by the learned Sessions Judge, Kottayam with a direction to the petitioner to surrender before the investigating officer within five days from 5.1.2015. He did not surrender as directed. Now he is before this Court under Section 482 of the Code of Criminal Procedure for a direction to the court below to dispose of his application for bail on the date of surrender itself. The court of Session has already granted necessary orders.

Probably the learned Sessions Judge directed him to appear before the investigating officer, finding the necessity of interrogation as part of investigation. No doubt, he will have to comply with the direction. After the interrogation process is over, he will definitely be produced before the learned Magistrate as directed by the learned Sessions Judge.

Crl.M.C No.751 of 2015 that the time granted by the learned Sessions Judge is over. Still he can at any time surrender before the investigating officer as directed by the court. However, a direction is made to the court below that in case the petitioner makes application for bail on surrender before the investigating officer, the application shall be judiciously considered and decided on the date of surrender itself, though the time granted by the Court of Session has expired. The Criminal Miscellaneous Case is accordingly closed. P.UBAID JUDGE ab