Biju D.R. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 Crl.MC.No. 2603 of 2015 () --------------------------- CC 30/2015 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO. 1539/2014 OF ERNAKULAM CENTRAL POLICE STATION , ERNAKULAM PETITIONER/ACCUSED:

---------------------------------- BIJU D.R. AGED 38 YEARS S/O.DASAYYAN, B L SADANAM, NELLIVILA MULLUVILA P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.N.MUHAMMAD SAJU SRI.C.PAULOSE SRI.SREEDHARAN KARATTA SMT.RESHMA ABDUL RASHEED RESPONDENT/COMPLAINANT:

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

R BY PUBLIC PROSECUTOR SRI A.J.JOSE AEDAIODI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 2603 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-1: THE TRUE COPY OF THE FIR WITH THE FIS DATED 7.7.2014. ANNEXURE-2: THE TRUE COPY OF THE CHARGE SHEET DATED 14.1.2015. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGE dsn

ANIL K.NARENDRAN, J -------------------------------------------------- Crl.M.C.No.2603 Of 2015 -------------------------------------------------- DATED THIS THE 28th DAY OF APRIL, 2015

ORDER

The petitioner is the accused in Crime No.1539 of 2014 of Ernakulam Central Police Station, which is now pending as C.C.No.30 of 2015 on the file of the Chief Judicial Magistrate Court, Ernakulam. The offence alleged against the petitioner is punishable under Sections 468 and 471 of IPC. The grievance of the petitioner is that, the Magistrate Court has already issued non-bailable warrant against him and if he surrenders before the Magistrate Court there is every likelihood of the application not being considered on the very same day. Therefore, the petitioner seeks a direction to consider his bail application on the day of surrender itself.

2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.

Considering the facts and circumstances of the case, this Crl.M.C. is disposed of directing the petitioner to surrender before the Magistrate Court within a period of two weeks from today and

Crl.M.C.No.2603/15 -2the Magistrate Court is further directed to consider his bail application on the day of surrender itself, strictly in accordance with law. The non-bailable warrant already issued against the petitioner shall be kept in abeyance for a period of two weeks. The Crl.M.C. is disposed of as above.

Sd/- ANIL K.NARENDRAN, JUDGE dsn