George P. John v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 Crl.MC.No. 1173 of 2015 --------------------------------- LP.NO.23/2001 IN CC 40/2001 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD ------------- PETITIONER(S)/ACCUSED:

------------------------------------- GEORGE P. JOHN, AGED 54 YEARS S/O.YOHANNAN, PUTHENPARAMBIL HOUSE ATHNIKATHARAYIL URUKKUNNU PO, PUNALOOR KOLLAM DISTRICT.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV RESPONDENT(S)/COMPLAINANT/STATE:

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

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

2. H. KOYAKUNJU SOORATH MANZIL, KARUVATTA VADAKKU MURI KARUVATTA VILLAGE, ALAPPUZHA DIST. PIN. 690 517. BY SENIOR PUBLIC PROSECUTOR SMT.SAREENA GEORGE P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 1173 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT IN C.C.40/2001 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, NO.II, HARIPAD.

ANNX.A2 - CERTIFIED COPY OF THE ORDER SHEET IN C.C.40/2001 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, NO.II, HARIPAD FROM 20-3-2001 TO 25-09-2013.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1173 of 2015 --------------------------------------- Dated this the 25th day of February, 2015

O R D E R

The petitioner herein is the accused in L.P.No.23/2001 in C.C.No.40/2001 of the Judicial First Class Magistrate Court-II, Haripad. 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 recall the warrant and to release him on bail. 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, who has issued warrant of arrest for proper reasons, will have to consider the request for bail. It is for the trial court 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. Anyway, let appropriate decision regarding bail be taken by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody, when the offence is bailable under the law. Of

Crl.M.C.No.1173 of 2015 course, the petitioner will have to explain his absence on the previous posting dates. 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 make application for bail on surrender in L.P.No.23/2001 in C.C.No.40/2001, the same shall be judiciously considered and decided, on the date of surrender itself.

Sd/- P. UBAID, JUDGE sd