Shahul v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 Crl.MC.No. 1220 of 2015 () --------------------------- CC 30/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT- I, CHALAKUDY CRIME NO. 1440/2012 OF KORATY POLICE STATION, TRISSUR DISTRICT ============== PETITIONER/3RD ACCUSED:

----------------------------------------- SHAHUL, AGED 26 YEARS S/O. KAREEM, VALIYEDATH HOUSE, MAMBRA ANNAMANADA P.O., KODUNGALLUR TALUK.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT : --------------------------------------------------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KORATTY POLICE STATION, THRISSUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM -682031.

BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL.M.C.NO.1220/2015 APPENDIX PETITIONER'S EXHIBITS ANNEXURE I COPY OF THE FIR IN CRIME NO.1440/2012 OF THE KORATTY POLICE STATION DATED 24.08.2012 RESPONDENT'S EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1220 of 2015 --------------------------------------- Dated this the 26th day of February, 2015

O R D E R

The petitioner herein is the accused in Crime No.1440/2012 of the Koratty Police Station. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the Judicial First Class Magistrate Court, Chalakkudy, 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 for bail. It is for the learned Magistrate 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. 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

Crl.M.C. No. 1220/2015 court below that in case the petitioner makes application for bail on surrender in L.P.C.No.82/2014 (Crime No.1440/2012 of the Koratty Police Station), 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