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High Court of KeralaCrl.MC/1476/2015closed

Ayoob v. State Of Kerala

2015-03-10Honourable Mr. Justice P.Ubaid4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 Crl.MC.No. 1476 of 2015 () --------------------------- AGAINST CP 120/2014 of J.M.F.C.,TALIPARAMBA CRIME NO. 19/2014 OF ALAKODE POLICE STATION , KANNUR PETITIONER(S)/ACCUSED NO.1:

------------------------------------ AYOOB AGED 29 YEARS S/O. HAMSA, KATTEERAKATH HOUSE, NEDUVODE KUTTAPARAMBA P.O., ALAKODE AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT-670 571.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S)/COMPLAINANT:

------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031, THROUGH SHO ALAKODE POLICE STATION, KANNUR DISTRICT-670 571. BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1476 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ ANNEXURE A1 : COPY OF THE FIR IN CRIME NO.19/2014 OF ALAKODE POLICE STATION.

RESPONDENT(S)' EXHIBITS -------------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.1476 of 2015 ~~~~~~~~~~~ Dated this the 10th March 2015

O R D E R

The petitioner herein is the 1st accused in C.P No.120 of 2014 of the Judicial First Class Magistrate's Court, Taliparamba. 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 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 court below 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

Crl.M.C No.1476 of 2015 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 120 of 2014, 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 ma /True copy/ P.S to Judge