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High Court of KeralaCrl.MC/2093/2015closed

Satheesh v. The State Of Kerala

2015-03-31Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 Crl.MC.No. 2093 of 2015 () --------------------------- IN CC 281/2011 of J.M.F.C.,THIRUVALLA PETITIONER(S)/ACCUSED 2 & 3:

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1. SATHEESH AGED 33 YEARS S/O. THOMAS, MALAYIL HOUSE, NELLIMOOD CHENGAROOR MURI, MALLAPPALLY VILLAGE.

2. MOHANAN AGED 51 YEARS S/O. AVSU, CHAMAKKALAYIL HOUSAE, KADAMANKULAM CHACKO BHAGOM MURI, KALLOOPPARA VILLAGE.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEESH KUMAR RESPONDENT(S):

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

R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sab

P.UBAID, J.

------------------------- Crl. M.C No.2093 of 2015 --------------------------------------- Dated this the 31st day of March, 2015.

O R D E R

The petitioners herein are the two accused in C.C No.281 of 2011 of the Judicial First Class Magistrate Court, Thiruvalla. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to decide on their request for bail on the date of surrender itself. It is for the trial court to decide whether bail could be granted to the petitioners. The petitioners 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.

In the result, this petition is closed with direction to the court below that in case the petitioners make application for bail on

Crl. M.C No.2093 of 2015 surrender in C.C No.281 of 2011, the same shall be judiciously considered and decided, on the date of surrender itself. The petitioners are given time for fifteen days to surrender before the trial court, and make application for bail. During this period, execution of the warrant of arrest will stand suspended.

Sd/- P.UBAID, JUDGE sab