Chandrashekaran v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 Crl.MC.No. 2700 of 2015 () --------------------------- CP 6/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR --------------- PETITIONER/ACCUSED :

--------------------------------- CHANDRASHEKARAN, AGED 51 YEARS, S/O.KARAPPAN, PAYYAMPATHU HOUSE, THUMARAKAVU, POOKAYYIL P.O., TIRUR, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENTS/STATE :

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

1. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM - 676 101.

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

R1 & R2 BY PUBLIC PROSECUTOR SRI. K.K. SAIDALAVI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bp

Crl.MC.No. 2700 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1: A TRUE COPY OF THE FIR IN CRIME NO.1580/2014 OF TIRUR POLICE STATION, MALAPPURAM.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.2700 of 2015 ~~~~~~~~~~~ Dated this the 5th May, 2015

O R D E R

The petitioner herein is the accused in C.P. No. of 2015 of the Judicial First Class Magistrate's Court, Tirur. 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 consider his application for bail on the date of surrender itself. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request to release him on bail. 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. It is submitted that he had not received summons from the court. If so, it will definitely be considered by the learned Magistrate when application for bail afresh comes. Anyway, let appropriate decision

Crl.M.C No.2700 of 2015 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. 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 No.6 of 2015, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. The petitioner is given ten days time to surrender before the court below. During this period, execution of the warrant of arrest will stand suspended.

Sd/- P.UBAID JUDGE ma