Ramankutty 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. 1798 of 2015 () --------------------------- IN SC 587/2012 of ADDITIONAL SESSIONS COURT, IRINJALAKUDA PETITIONER(S):

-------------------------- RAMANKUTTY S/O. CHINNAPPAN, KUMBHARA COLONY, PANNIKKULAMB MANGALAM DAM VILLAGE.

BY ADVS.SMT.P.DEEPTHI SRI.SABU JOHN RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE IRINJALAKUDA, REPRSENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, THRISSUR - 680 001.

R BY PUBLIC PROSECUTOR SAREENA GEORGE. P.

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. 1798 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 TRUE COPY OF THE B DIARY PROCEEDINGS OF THE ADDL. SESSIONS COURT, IRINJALAKKUDA REVEALS THE ISSUE OF NONBAILABLE WARRANT AGAINST THE PETITIONER ON 07.07.2014 ANNEXURE A2 TRUE COPY OF ORDER DATED 16.07.2014 IN M.C NO.06/2014 IN S.C NO.587/2012 ON THE FILE OF THE ADDL. SESSIONS COURT, IRINJALAKKUDA RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No.1798 of 2015 --------------------------------------- Dated this the 19th day of March, 2015.

O R D E R

The petitioner herein is the 8th accused in S.C No.587 of 2012 of the Additional Sessions Court, Irinjalakkuda. 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. The learned trial judge, who has issued warrant of arrest for proper reasons, will have to consider the request. It is for the trial court 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 trial judge. 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.1798 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 S.C No.587 of 2012, the same shall be judiciously considered and decided, on the date of surrender itself.

P.UBAID, JUDGE sab