Mariyamma Mathew v. Anoj S.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 Crl.MC.No. 2369 of 2015 () --------------------------- CC 198/2013 of CHIEF JUDICIAL MAGISTRATE COURT,KOTTAYAM ================== PETITIONERS/ACCUSED 1&2:
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1. MARIYAMMA MATHEW, AGED 77 YEARS W/O.A.S.MATHEW, APPAKOTTUMURIYIL HOUSE THURUTHIKADU P.O., KALLOOPARA PATHANAMTHITTA DISTRICT.
2. PREETHI MATHEW D/O.A.S.MATHEW, APPAKOTTUMURIYIL HOUSE THURUTHIKADU P.O., KALLOOPARA PATHANAMTHITTA DISTRICT.
BY ADV. SRI.BABY THOMAS RESPONDENTS/COMPLAINANT/ACCUSED-3:
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1. ANOJ S., AGED 40 YEARS S/O.PRABHAKARAN NAIR KARITHIKA BHAVAN, MARIYATHURUTH AIMANAM, KOTTAYAM DISTRICT-686001.
2. A.S.MATHEW, AGED 80 YEARS APPAKOTTUMURIYIL HOUSE THURUTHIKADU P.O. KALLOOPARA PATHANAMTHITTA DISTRICT-689645.
3. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.
R2 BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2369 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE-A1: CERTIFIED COPY OF THE C.C.NO.198/2013 DATED 13.06.2013 ON THE FILE OF THE CJM COURT KOTTAYAM.
ANNEXURE-A2: CERTIFIED COPY OF THE COMPLAINT ie; ST NO.99/2012 ON THE FILE OF JFCM COURT, KOTTAYAM.
ANNEXURE-A3: TRUE COPY OF THE SWORN STATEMENT SUBMITTED IN C.C.NO.198/13.
ANNEXURE-A4: TRUE COPY OF THE ORDER OF ACQUITTAL DATED 18.05.2015 IN ST.NO.99/12.
ANNEXURE-A5: TRUE COPY OF THE HOSPITAL CERTIFICATE DATED 03.05.2014 STATING THE PHYSICAL SITUATION OF THE 1ST PETITIONER. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2369 of 2015 --------------------------------------- Dated this the 10th day of April, 2015
O R D E R
The petitioners herein are the accused Nos.1 and 2 in C.C.No.198/2013 of the Chief Judicial Magistrate Court, Kottayam. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the learned Magistrate, they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to enlarge the petitioners on bail on the date of their surrender itself. Of course, the relief as sought by the petitioners cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request to recall the warrant. 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. They will have to explain the reason for their 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.2369 of 2015 In the result, this petition is disposed of with direction to the court below that in case the petitioners make application for bail on surrender in C.C.No.198/2013 of the Chief Judicial Magistrate Court, Kottayam, the same shall be judiciously considered and decided, on the date of surrender itself.
Sd/- P. UBAID, JUDGE sd