Majeesh 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.2612 of 2015 ---------------------------------- L.P NO.33/2009 IN C.C. NO.179/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOCHI.

...

PETITIONER/ACCUSED:

----------------------------------- MAJEESH.P.R,AGED 38 YEARS,S/O.RAMANAN, PAZANGATTUTHARA HOUSE,EDAVANAKKAD VILLAGE, KOCHI TALUK,ERNAKULAM DISTRICT.

BY ADVS.SRI.M.T.BALAN SRI.B.JAYABAL RESPONDENT'S/STATE/COMPLAINANT:

---------------------------------------------------------- 1.

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.

2.

SUB INSPECTOR OF POLICE NJARAKKAL POLICE STATION,KOCHI.

BY PUBLIC PROSECUTOR SRI.ABIJITT LESSLI.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.2612 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE-A1:THE TRUE COPY OF THE CERTIFICATE DATED 11/11/2004 ISSUED BY THE DR.JOSEPH VARGHESE,ASSOCIATE PROFESSOR AND SR.CONSULTANT,DEPARTMENT F PSYCHIATRY,MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, KOLENCHERY,ERNAKULAM DISTRICT.

RESPONDENT'S ANNEXURES:

NIL -------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

ANIL K.NARENDRAN, J.

--------------------------------------- Crl.M.C.No. 2612 of 2015 ---------------------------------------- Dated this the 28th day of April, 2015

ORDER

The petitioner is the accused in L.P. No. 33/2009 in C.C. No. 179/2005 of the Judicial First Class Magistrate Court - I, Kochi arising out of Crime No.332 of 2004 of Mattancherry Police Station. The offences alleged against the petitioner are punishable under Sections 353 and 225 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

Crl.M.C.No. 2612 of 2015 before the Magistrate Court within a period of two weeks from today and the 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.

ANIL K.NARENDRAN, JUDGE DCS