Ambili @ Sajitha v. Hayarunnisa

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 1757 of 2015 ----------------------------------- C.P.NO.39/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY CRIME NO. 1599/2012 OF CHAVARA POLICE STATION , KOLLAM -------------------- PETITIONER(S)/ACCUSED NOS 1 TO 4 :

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1. AMBILI @ SAJITHA, AGED 31 YEARS, W/O. BAJI, SREE VALSAM, KUALANGARA BAGHAM MURRI, CHAVARA VILLAGE, KOLLAM DISTRICT.

2. NISHA, AGED 30 YEARS, W/O.BAIJU, VIPANCHIKA VEETTIL, KUALANGARA BAGHAM MURRI, CHAVARA VILLAGE, KOLLAM DISTRICT.

3. SHAILAJA, AGED 41 YEARS, W/O. BABU, THARUN VIHAR, KUALANGARA BAGHAM MURRI, CHAVARA VILLAGE, KOLLAM DISTRICT.

4. THANGAMANI, AGED 46 YEARS, W/O.VASUDEVAN PILLAI, THARUN VIHAR, KUALANGARA BAGHAM MURRI, CHAVARA VILLAGE, KOLLAM DISTRICT.

BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENT(S)/COMPLAINANT & STATE :

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1. HAYARUNNISA, D/O.NABEESATH, IDAYILA VEEDU, KUALANGARA BAGAHAM MURRI, CHAVARA VILLAGE, KOLLAM DISTRICT-691 583.

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

R2 BY SR.PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

Crl.MC.No. 1757 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1599/2012 OF CHAVARA POLICE STATION.

ANNEXURE A2:

A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.1599/2012 OF CHAVARA POLICE STATION. ANNEXURE A3:

A TRUE PHOTOCOPY OF THE ORDER DATED 05.01.2015 IN CRL.M.C. NO.2608/2013.

RESPONDENT(S)' ANNEXURES :

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

Msd.

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1757 of 2015 --------------------------------------- Dated this the 18th day of March, 2015

O R D E R

The petitioners herein are the four accused in C.P.No.39/2013 of the Judicial First Class Magistrate Court, Karunagapally. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the learned Magistrate they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to decide and dispose of their application for bail without delay, and to grant bail. Of course, the relief as sought by the petitioners cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request. The petitioners will have to surrender before the court below and make application for bail.

They will have to explain the reason for their 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.1757/2015 on surrender in C.P.No.39/2013 of the Judicial First Class Magistrate Court, Karunagapally, the same shall be judiciously considered and decided on the date of surrender itself. Sd/- P. UBAID, JUDGE sd