Shameer.S. 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. 1643 of 2015 () --------------------------- CP 4/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA CRIME NO. 1068/2014 OF THIRUVALLA POLICE STATION , PATHANAMTITTA DISTRICT ====================== PETITIONER/1ST ACCUSED:

--------------------------------------- SHAMEER.S., AGED 24 YEARS S/O. SHAJI, KOCHUPARAMBIL HOUSE CHUMATHRA MURI, KUTTAPPUZHA P.O.

AND VILLAGE, THIRUVALLA TLUK PATHANAMTITTA DISTRICT BY ADVS.SRI.N.P.PRAJEESH SRI.BIJO THOMAS GEORGE RESPONDENT/STATE:

------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTITTA DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 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.M.C.No.1643/2015 APPENDIX PETITIONER'S EXHIBITS ANNEXURE A PHOTOCOPY OF FINAL REPORT IN CRIME NO.1068/2014 OF THIRUVALLA POLICE AND PENDING AS C.P.NO.4/2015 BEFORE JFMC, THIRUVALLA RESPONDENT'S EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1643 of 2015 --------------------------------------- Dated this the 13th day of March, 2015

O R D E R

The petitioner herein is the 1st accused in C.P.4/2015 of the Judicial First Class Magistrate Court, Thiruvalla. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the learned Magistrate 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 to recall the warrant. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. Of course, 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. 1643/2015 In the result, this petition is closed with direction to the court below that in case the petitioner makes application for bail on surrender inC.P.4/2015 of the Judicial First Class Magistrate Court, Thiruvalla, the same shall be judiciously considered and decided, on the date of surrender itself.

The petitioner is given time for seven days to surrender. During this period execution of the warrant of arrest will stand suspended.

Sd/- P. UBAID, JUDGE sd