Prasad v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Crl.MC.No. 2748 of 2015 ------------------------------------- CRIME NO. 57/2001 OF ADOOR EXCISE RANGE, PATHANAMTHITTA --------------------- PETITIONER(S)/ACCUSED :

---------------------------------------- PRASAD, AGED 45 YEARS, S/O.VASU PILLAI, THADATHIVILAYIL HOUSE, POOZHIKKAD, KURAMPALA VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.G.ANANTHANARAYANAN RESPONDENT(S)/COMPLAINANT :

--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, EXCISE ENFORCEMENT & ANTINARCOTIC SPECIAL SQUAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.C.K.JAYAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 2748 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

THE TRUE COPY OF FINAL REPORT DATED 28.06.2011. RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.UBAID, J.

------------------------- Crl. M.C No.2748 of 2015 --------------------------------------- Dated this the 15th day of May, 2015.

O R D E R

The petitioner herein is the accused in Crime No.57 of 2001 of the Adoor Excise Range. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to release him on bail. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. The petitioner will have to surrender before the court below and make application for bail. 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 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 Crime No.57 of 2001 of the Adoor Excise Range, the same shall be judiciously considered and decided, on the date of surrender itself. The petitioner is given

Crl. M.C No.2748 of 2015 time for ten days to surrender before the trial court and make application for bail. During this period, execution of the warrant of arrest will stand suspended.

Sd/- P.UBAID, JUDGE sab