Ramadevi v. Shivadatha

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. 2451 of 2015 () --------------------------- IN CC 937/2011 of J.M.F.C-I, HOSDURG PETITIONER(S):

-------------------------- RAMADEVI AGED 49 YEARS REVENUE INSPECTOR, MATTANCHERY ZONE, KOCHI CORPORATION, KOCHI NOW RESIDING AT NANDANAM HOUSE MALEKKARA MURI, MALEKKARA P.O ARANMULA VILLAGE BY ADV. SRI.MATHEW SEBASTIAN RESPONDENT(S):

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

1. SHIVADATHA AGED 62 YEARS, S/O RAMACHANDRAN COUNCILER, KANHANGAD MUNICIPALITY RESIDING AT KOWAL HOUSE, KOWAL, HOSDURG VILLAGE KANHANGAD POST, HOSDURG TALUK 671315

2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN 682 031 R BY 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. 2451 of 2015 () --------------------------- APPENDIX PETITIONERS ANENXURES:

A1:

TRUE PHOTOCOPY OF THE COMPLAINT IN C.C NO.937 / 2011 DATED 17.8.2011 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I JUDGE, HOSDURG A2: CERTIFIED COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRAE COURT-I JUDGE, HOSDURG DATED 24.1.2015 RESPONDENTS ANNEXURES: NIL /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No.2451 of 2015 --------------------------------------- Dated this the 10th day of April, 2015.

O R D E R

The petitioner herein is the accused in C.C No.937 of 2011 of the Judicial First Class Magistrate Court-I, Hosdurg. He seeks orders from this Court under Section 482 of the Code of Criminal Procedure quashing the warrant issued against him. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request. 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. I do not think that the learned Magistrate will mechanically remand him to judicial custody when the offence is bailable under the law.

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 C.C No.937 of 2011, the same shall be

Crl. M.C No.2451 of 2015 judiciously considered and decided, on the date of surrender itself.

Sd/- P.UBAID, JUDGE sab