Renjith M C v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 Crl.MC.No. 1639 of 2015 () --------------------------- AGAINST CC 848/2010 of J.M.F.C.,THIRUVALLA CRIME NO. 545/2010 OF THIRUVALLA POLICE STATION , PATHANAMTITTA PETITIONER(S)/3RD ACCUSED:

------------------------------------ RENJITH M C AGED 30 YEARS S/O.CHANDRAN, MUTHUPALACKAL HOUSE, EZHUMATTOOR VILLAGE MALLAPPALLY TALUK.

BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S)/COMPLAINANT:

------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT..P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1639 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ ANNEXURE-A. COPY OF RELAVANT PAGES OF THE FINAL REPORT IN FIR 545/10 DATED 11/11/2010 SUBMITTED BY THE SI OF POLICE, THIRUVALLA, BEFORE THE JFMC COURT, THIRUVALLA, IN CC 848/2010.

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

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.1639 of 2015 ~~~~~~~~~~~ Dated this the 19th March 2015

O R D E R

The petitioner herein is the 3rd accused in C.C No.848 of 2010 of the Judicial First Class Magistrate's Court, Thiruvalla. 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. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request.. 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 surrender itself.

Crl.M.C No.1639 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.C. No.848 of 2010, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. The petitioner is given seven days time to surrender before the court below. During this period, execution of the warrant of arrest will stand suspended.

Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge