Johny v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Crl.MC.No. 3107 of 2015 () --------------------------- LPR.116/2014 IN CC.3338/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHALAKUDY.

CRIME NO. 607/2013 OF MALA POLICE STATION.

.........

PETITIONER/ACCUSED:

---------------------------------- JOHNY, S/O.VARUTHUNNI, EDATUKARAN, PORUMBATHPARAMBIL, MANAKULANGARA, KODAKARA, THRISSUR DISTRICT.

BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3107 Of 2015 --------------------------------- th day of May, 2015.

Dated this the 29

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 direct the Judicial First Class Magistrate, Chalakudy to enlarge the petitioner on bail in L.P.R 116/2014 which arose in crime 607/2013 of Mala police station on his appearance before the court below on the same day itself or on such conditions as deemed fit by the court below so as to secure the ends of justice." 2.

Heard Sri.A.C.Devy, 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 Judicial First Class Magistrate Court, Chalakudy (dealing L.P.R.No.116/2014 in C.C.No.3338/2013) 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 consider those applications on the

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Crl.M.C.No.3107 Of 2015 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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