Ramesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 Crl.MC.No. 1563 of 2015 --------------------------------- CP 8/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III,PALAKKAD ........

PETITIONER(S)/ACCUSED NO.4:

---------------------------------------------- RAMESH, AGED 29 YEARS, S/O.KASUMANI, PARACKAL HOUSE, INDUSTRIAL ESTATE, PUDUPARIYARAM, PALAKKAD.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE P.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1563 of 2015 --------------------------------------- Dated this the 11th day of March, 2015

O R D E R

The petitioner herein is the 4th accused in C.P. No.18/2014 of the Judicial First Class Magistrate Court-III, Palakkad. 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 decide and dispose of his application for bail on the date of filing itself. 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. However, a direction can be made to consider and dispose of the application for bail on the date of surrender itself.

Crl.M.C.No.1563 of 2015 on surrender in C.P. No.18/2014 of the Judicial First Class Magistrate Court-III, Palakkad, the same shall be judiciously considered and decided, on the date of surrender itself. Sd/- P. UBAID, JUDGE sd