Abdul Khader @ Illu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Crl.MC.No. 3048 of 2015 ---------------------------------- LP 27/2000 IN SC.134/98 OF PRINCIPAL SUB COURT,IRINJALAKUDA CRIME NO.108/1991 OF MATHILAKAM POLICE STATION ----------------- PETITIONER/ACCUSED:

-------------------------------- ABDUL KHADER @ ILLU, S/O.MUHAMMED ALI, PUZHANKARALLATH, CHALINGAD, KAIPAMANGALAM, THRISSUR.

BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT/COMPLAINANT:

------------------------------------------- STATE OF KERALA, (REPRESENTED BY CIRCLE INSPECTOR OF POLICE, CRIME NO 108//1991 OF MATHILAKAM POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 3048 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A1:-TRUE COPY OF THE BAIL ORDER DTD 26/6/1991 IN CRMC NO 656/1991 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA RESPONDENT(S)' ANNEXURES --------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3048 Of 2015 --------------------------------- Dated this the 27 th day of May, 2015.

O R D E R

The above captioned Crl.M.C has been filed under Sec. 482 of the Code of Criminal Procedure with the following prayers: "........................to issue direction to the Principal Assistant Sessions Court, Irinjalakkuda, Thrissur District to consider and dispose the bail application that may be submitted by the petitioner/accused on the same day off his surrender before the court and moving for bail, by allowing this Memorandum of Criminal Miscellaneous Case, in the interest of justice."

2.

Heard Sri.C.Anil Kumar Kaleesseril, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State of Kerala.

3.

Having regard to the totality of the facts and circumstances of this case, it is ordered in the interest of justice that in case the petitioner voluntarily surrenders before the court below concerned (dealing L.P.No.27/2000 arising out of S.C.No.134/1998 on the file of the Principal Assistant Sessions Court, Irinjalakkuda) within two weeks from today and submit necessary application for recall of the warrant and application for grant of bail, then the court below concerned shall

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Crl.M.C.No.3048 Of 2015 consider those applications on the same day itself, in accordance with law and taking into consideration the facts and circumstances of this case. It is further ordered that the petitioner shall give advance notice to the Prosecutor concerned attached to the court below concerned intimating the date and time of surrender before the court below, at least 24 hours prior to such proposed surrender. It is further ordered in the interest of justice that until orders are passed by the court below concerned as directed above, further coercive steps against the petitioner may be kept in abeyance for the time being. It is made clear that in case the petitioner does not surrender before the court below concerned within the aforementioned period of two weeks from today as directed above, then the directions issued herein above shall automatically stand vacated. It is made clear that it is entirely within the province of the court below concerned to decide on the application for bail in accordance with law.

With these observations and directions, the Crl.M.C stands finally disposed of.

ALEXANDER THOMAS, Judge.

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