Sherly Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 Crl.MC.No. 787 of 2015 () -------------------------- CRIME NO. 669/2014 OF KELAKOM POLICE STATION , KANNUR DISTRICT ================ PETITIONER/ACCUSED:

---------------------------------- SHERLY VARGHESE, AGED 40 YEARS W/O.CHANDY VARGHESE (LATE), MANNILATHU SUNIL BHAVAN VETTIKAVALA.P.O., KOTTARAKARA, KOLLAM. PIN-691 538. BY ADVS.SRI.K.SASIKUMAR SRI.M.VIJESH KUMAR SRI.S.ARAVIND SRI.R.ROHITH RESPONDENT/STATE:

-------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 787 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE A1- A TRUE COPY OF THE FIR NO.669/14 DATED 1.12.2014 REGISTERED BY KELAKAM POLICE, KANNUR.

RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.787 of 2015 --------------------------------------- Dated this the 9th day of February, 2015

O R D E R

The petitioner herein is the sole accused in Crime No.669/2014 of the Kelakam Police Station. On the apprehension of remand to judicial custody on surrender before the trial court she seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to release her on bail, or to decide and dispose of her 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 will have to consider the request to release her on bail. It is for the court below to decide whether bail could be granted to the petitioner. The petitioner will have to surrender before the trial court and make application for bail. 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

Crl.M.C.. No.787/2015 court below that in case the petitioner makes application for bail on surrender in court, 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