Shihab v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 Crl.MC.No. 1624 of 2015 ------------------------- AGAINST C.P 20/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDRUG CRIME NO. 255/2013 OF HOSDURG POLICE STATION, KASARGOD PETITIONER:

---------- SHIHAB, S/O.ABOOBACKER, KADAVATH HOUSE, KALANAD P.O, KASARGOD DISTRICT PIN - 671 317 BY ADVS.SRI.SALIM V.S.

SRI.H.NUJUMUDEEN RESPONDENT:

------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, HOSDRUG POLICE STATION, KASARGOD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

BY SR PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1624 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1: COPY OF THE FIR IN CRIME NO.255/2013 OF HOSDRUG POLICE STATION.

RESPONDENT'S ANNEXURES:

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

P.UBAID, J.

--------------------------------------- Crl.M.C No.1624 of 2015 --------------------------------------- Dated this the 13th day of March, 2015 O R D E R The petitioner herein is the 4th accused in C.P No.20/2015 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 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, on the date of surrender itself. 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 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.1624 of 2015 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.20/2015, 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