Remani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID SATURDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 Crl.MC.No. 1415 of 2015 ----------------------- AGAINST L.P NO.101/2012 IN C.P NO.238/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE, ADOOR CRIME NO. 717/2008 OF ADOOR POLICE STATION, PATHANAMTITTA PETITIONER/ACCUSED:
------------------- REMANI, AGED 60 YEARS, VILAYIL VEEDU, ELAMANNOOR MURI, ENADIMANGALAM VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.K.SASIKUMAR SRI.R.ROHITH SRI.K.JANARDHANA SHENOY SRI.V.N.RAJAPPAN SRI.V.K.PRASAD RESPONDENT/STATE:
----------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY SR. PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1415 of 2015 ------------------------ APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE I. COPY OF THE CHARGE SHEET DATED 25.09.2008 FILED BY THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION BEFORE THE HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT ADOOR. RESPONDENT'S ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.1415 of 2015 --------------------------------------- Dated this the 6th day of March, 2015 O R D E R The petitioner herein is the accused in C.P No.238/2008 which stands transferred to the register of long pending cases as L.P No.101/2012 before the Judicial First Class Magistrate Court, Adoor. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below 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, or to decide and dispose of his 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, who has issued warrant of arrest for proper reasons, will have to consider the request to recall the warrant. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. The petitioner will have to surrender before the learned Magistrate and make application for bail.
Crl.M.C No.1415 of 2015 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 court below that in case the petitioner makes application for bail on surrender in C.P No.238/2008 (now pending as L.P No.101/2012), 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 ab