Ganapathy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Crl.MC.No. 1976 of 2015 () --------------------------- IN CC 281/2013 of C.J.M.,THRISSUR CRIME NO. 2640/2012 OF TOWN EAST POLICE STATION , THRISSUR PETITIONER(S)/ACCUSED NO.1:

---------------------------------------------------- GANAPATHY AGED 41 YEARS S/O.PERIYANNAN, KALLAPURAM, UDUMALPET THIRUPPUR, TAMILNADU.

BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/COMPLAINANT:

---------------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1976 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE APHOTOCOPY OF THE ORDER DATED 23.2.2015 IN CRL.MC NO.301/2015 PASSED BY THE SESSIONS COURT, THRISSUR. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No. 1976 of 2015 --------------------------------------- Dated this the 26th day of March, 2015.

O R D E R

The petitioner herein is the first accused in C.C No.281 of 2013 of the Chief Judicial Magistrate Court, Thrissur. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to decide on his request for bail on the date of filing itself. It is for the learned Magistrate 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. 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. The petitioner's grievance that he had not received any summons from the court below will have to be considered by the learned Magistrate.

In the result, this petition is closed with direction to the court below that in case the petitioner makes application for

Crl. M.C No. 1976 of 2015 bail on surrender in C.C No.281 of 2013 of the Chief Judicial Magistrate Court, Thrissur, the same shall be judiciously considered and decided, on the date of surrender itself. The petitioner is given time for seven days to surrender before the trial and makes application for bail. During this period, execution of the warrant of arrest will stand suspended. Sd/- P.UBAID, JUDGE sab