P.A.Nizam 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. 1779 of 2015 --------------------------- IN C.C NO.575/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM CRIME NO.221/2004 OF VALLOORKUNNAM POLICE STATION PETITIONER:

------------ P.A.NIZAM, AGED 30 YEARS, S/O. ABOOBACKER, RESIDING AT PERUMCHALIL HOUSE, PALLARIMANGALAM P.O., KUDAMUNDA, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT - 686 691.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/COMPLAINANT/STATE:

------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031 REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION.

BY SR. PUBLIC PROSECUTOR SMT.SAREENA GEORGE 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. 1779 of 2015 ------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- A1 - COPY OF THE CHARGE SHEET DT. 10.9.11 FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT KOTHAMANGALAM IN CC NO 575/11.

RESPONDENT'S ANNEXURES:

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

P.UBAID, J.

--------------------------------------- Crl.M.C No.1779 of 2015 --------------------------------------- Dated this the 19th day of March, 2015 O R D E R The petitioner herein is the 1st accused in C.C No.575/2011 of Judicial First Class Magistrate Court, Kothamangalam. 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 release him on 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.1779 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.575/2011, the same shall be judiciously considered and decided, on the date of surrender itself.

P.UBAID JUDGE ab