Viswambaran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 Crl.MC.No. 1050 of 2015 () --------------------------- AGAINST CP 1/2015 of J.M.F.C-I., ADOOR O.R.NO. 27/2001 OF ADOOR EXCISE RANGE OFFICE , PATHANAMTITTA PETITIONER(S)/ACCUSED:
------------------------------ VISWAMBARAN, S/O.RAMAN AGED 40 YEARS CHERIKKATTU KIZHAKKEKARA, EZHAMKULAM VILLAGE PUTHUMALA EAST, ADOOR TALUK, PATHANAMTHITTA DISTRICT BY ADV. SRI.AJEESH K.SASI RESPONDENT(S)/COMPLAINANT:
------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
~~~~~~~~~~ Crl.M.C No. 1050 of 2015 ~~~~~~~~~~~ Dated this the 20th February, 2015
O R D E R
The petitioner herein has received summons in C.P.1 of 2015 from the Judicial First Class Magistrate Court-I, Adoor. He seeks a direction from this Court to the learned Magistrate to release him on bail. Such a relief cannot be granted under Section 482 of the Code of Criminal Procedure. He has only received summons from the court and he does not have any apprehension of being arrested. However, he believes that he will be remanded to judicial custody. It is not known why he believes so. In the crime of 2001, the final report came only in 2015. Anyway, I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody. He will have to appear before the learned Magistrate on summons and make application for bail. However, a direction can be made to consider the application for bail, without any delay.
Crl.M.C No. 1050 of 2015 In the result, this Crl.M.C is closed with direction to the court below that in case the petitioner makes application for bail on appearance in C.P. 1 of 2015, the same shall be judiciously considered and decided, on the date of filing itself.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge