Abdul Latheef v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 Crl.MC.No. 1434 of 2015 ------------------------- IN C.P NO. 161/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDRUG CRIME NO. 176/2013 OF CHANDERA POLICE STATION, KASARGOD PETITIONER/6TH ACCUSED:

----------------------- ABDUL LATHEEF T.K.M, AGED 33 YEARS, S/O.AYISHA, T.K.M HOUSE EDACHAKKAI, P.O UDINOOR, KASARGOD BY ADV. SRI.I.V.PRAMOD RESPONDENT/COMPLAINANT & STATE:

------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031 BY SR. PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1434 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE A1: COPY OF THE FIR NO.176/2013 DATED 13.3.2013 CHANDERA POLICE STATION ANNEXURE A2: COPY OF THE FINAL REPORT IN C.P NO.161/2014DATED 22.10.2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG.

RESPONDENT'S ANNEXURES:

----------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.1434 of 2015 --------------------------------------- Dated this the 6th day of March, 2015 O R D E R The petitioner herein is the 6th accused in C.P No.161/2014 of the Judicial First Class Magistrate Court I, Hosdurg. 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 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. He will have to explain the reason for his absence in court. Anyway, let appropriate decision regarding bail be taken by the learned Magistrate.

Crl.M.C No.1434 of 2015 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.161/2014, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. P.UBAID JUDGE ab