Jithin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 Crl.MC.No. 993 of 2015 () -------------------------- AGAINST CP 134/2013 of J.M.F.C.,CHAVAKKAD CRIME NO. 921/2013 OF CHAVAKKAD POLICE STATION , TRISSUR PETITIONER(S)/2ND ACCUSED:

---------------------------------- JITHIN, AGED 34 YEARS, S/O.SATHYAN, MOOLEKATTU HOUSE, AZHIMUGHAM KADAPURAM, CHAVAKKAD TALUK.

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

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

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

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

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 993 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE-1 TRUE COPY OF THE ORDER DTD.16/1/2015 IN CRL.M.C.300/2015 PASSED BY THE THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS ----------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.993 of 2015 ~~~~~~~~~~~ Dated this the 18th February, 2015

O R D E R

The petitioner herein is the 2nd accused in C.P No.134 of 2013 of the Judicial First Class Magistrate's Court, Chavakkad. 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 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 to recall the warrant. 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. 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

Crl.M.C No.993 of 2015 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 petitioner makes application for bail on surrender in C.P No.134 of 2013, 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 ma /True copy/ P.S to Judge