Kumari v. State Of Kerala
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. 2454 of 2015 () --------------------------- AGAINST CP 24/2012 of J.M.F.C., ADOOR CRIME NO. 132/2012 OF ADOOR EXCISE RANGE OFFICE , PATHANAMTITTA PETITIONER(S):
-------------------- KUMARI, AGED 63 YEARS, D/O.KUNJUKRISHNAN, MANDIRAMUKALIL HOUSE, KARUVATTA, PERINGANANDU VILLAGE, ADOOR TALUK, PATHANAMTITTA DISTRICT.
BY ADV. SRI.AJITH MURALI RESPONDENT(S):
--------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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:
P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.2454 of 2015 ~~~~~~~~~~~ Dated this the 10th April, 2015
O R D E R
The petitioner herein is the accused in C.P No.24 of 2012 of the Judicial First Class Magistrate's Court, Adoor. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below, he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to release him on bail, or to decide and dispose of his application for bail, without delay. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request. It is for the court below 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. He will have to explain the reason for his 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
Crl.M.C No.2454 of 2015 surrender itself.
In the result, this petition is disposed of, with direction to the court below that in case the petitioner makes application for bail on surrender in C.P.24 of 2012, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge