Jayasri 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. 1983 of 2015 () --------------------------- IN LPC 46/2010 of C.J.M.,KASARAGOD CRIME NO. 370/2008 OF KASARAGOD POLICE STATION , KASARGOD PETITIONER(S):

-------------------------- JAYASRI AGED 43 YEARS W/O LATE SHIVADAS RESIDING AT KALYANAPURAM MADAM ALAMPADI, KASARGOD BY ADVS.SMT.K.DEEPA (PAYYANUR) SRI.V.R.NASAR RESPONDENT(S):

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

2. THE SUB INSPECTOR OF POLICE KASARAGOD POLICE STATION 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. 1983 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I:

CERTIFIED COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD ANNEXURE II:

CERTIFIED COPY OF THE FIR OF CRIME NO.370/2008 OF THE KASARAGOD POLICE STATION ANNEXURE III:

CERTIFIED COPY OF THE FINAL REPORT OF CRIME 370/2008 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No. 1983 of 2015 --------------------------------------- Dated this the 26th day of March, 2015.

O R D E R

The petitioner herein is the accused in L.P.C No.46 of 2010 of the Chief Judicial Magistrate Court, Kasaragod. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court she seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to release her on bail on the date of surrender itself. 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. 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 her proper and correct address is not shown in the complaint will be considered by the learned Magistrate.

In the result, this petition is closed with direction to the

Crl. M.C No. 1983 of 2015 court below that in case the petitioner makes application for bail on surrender in L.P No.46 of 2010 (Crime No.370 of 2008 of the Kasaragod Police Station), 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 court and makes application for bail. During this period, execution of the warrant of arrest will stand suspended. P.UBAID, JUDGE sab