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High Court of KeralaCrl.MC/2502/2015allowed

Sujith M.S. v. State Of Kerala

2015-04-21Honourable Mr.Justice K.Harilal3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 Crl.MC.No. 2502 of 2015 () --------------------------- CC 1404/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA CRIME NO. 364/2012 OF PAYYAVOOR POLICE STATION, KANNUR PETITIONERS/ACCUSED NO.1 TO 3:

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1. SUJITH M.S. AGED 24 YEARS S/O SHAJI, MAPPLIAKUNNEL HOUSE, CHANDANAKKAMPARA.P.O PAYYAVOOR AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT-670633

2. SHIJITH.M.S S/O SHAJI, MAPPLIAKUNNEL HOUSE, CHANDANAKKAMPARA.P.O PAYYAVOOR AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT-670633

3. VIPIN @BIBIN BABY@JOSEPH, S/O JOSEPH, ELANJIKUZHIYIL HOPUSE CHANDANAKKAMPARA.P.O, PAYYAVOOR AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT-670633 BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT:

----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIOGH COURT OF KERALA THROUGH S.H.O. PAYYAVOOR POLICE STATION KANNUR.DT R BY PUBLIC PROSECUTOR SRI.EGY N. ELIAS.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL.

K. HARILAL, J.

---------------------------- Crl.M.C.No.2502 of 2015 ------------------------------ Dated this the 21st day of April, 2015.

ORDER

The petitioners are accused Nos. 1 to 3 respectively in Crime No.364 of 2012 of Payyavoor Police Station, Kannur District, registered for the offences punishable under Sections 341 and 323 r/w 34 of the Indian Penal Code.

2.

The petitioners entered appearance on receipt of summons before the court below through a counsel. Since the petitioners were not in station thereafter, they could not appear before the court below on hearing dates. Now the nonbailable warrant has been issued against the petitioners by the court below. Now the petitioners are ready to surrender before the court below to seek regular bail. Apprehension of the petitioners is that if he surrenders before the court below, he will be remanded to the judicial custody, pending consideration of the application.

I do not think that the Learned Magistrate will remand

Crl.M.C.No.2502 of 2015 -2the petitioners mechanically, without application of mind. Nonetheless, the learned magistrate is directed to consider and dispose of the bail application to be filed by the petitioners on the date of surrender itself.

Sd/- K. HARILAL JUDGE Scl.

True Copy PA to Judge