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High Court of KeralaCrl.MC/3146/2015disposed of

C.P.Babu v. The State Of Kerala

2015-06-01Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Crl.MC.No. 3146 of 2015 () --------------------------- CRIME NO. 239/2015 OF AGALI POLICE STATION, PALAKKAD DISTRICT -------------------- PETITIONERS/ACCUSED :

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1. C.P. BABU, S/O. POULOSE, AGED 48 YEARS CHELAKKAL PUTHANPURA HOUSE, ODAPETTY KOLLIPARA, PALAKKAD DISTRICT.

2. JAMSHEER S/O. SULAIMAN, AGED 35 YEARS NARUKKOTTIL HOUSE, AGALI PALAKKAD DISTRICT.

3. SIVASANKARAN S/O. SANKARAN NAIR, AGED 51 YEARS PARAPOOR HOUSE, RAJIV COLONY AGALI, PALAKKAD DISTRICT.

4. RAJESH S/O. RAVINDRAN PILLAI, AGED 33 YEARS RAJANI BHAVAN, MATTATHUKADU P.O., AGALI , PALAKKAD DISTRICT

5. MANIKANDAN S/O. GANESAN, AGED 28 YEARS AGALI, PALAKKAD DISTRICT

6. SUDHAKARAN S/O. VELLAKUTTY, AGED 35 YEARS ANAKKATTY, MATTATHUKADA PALAKKAD DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT :

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

Crl.MC.No. 3146 of 2015 () -2-

2. THE SUB INSPECTOR OF POLICE AGALI POLICE STATION, PALAKKAD DISTRICT PIN - 678 581.

R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/-

Crl.MC.No. 3146 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNUXURE A TRUE COPY FO THE F.I.R AND F.I.S IN CRIME NO. 239/2015 OF THE AGALI POLICE STATION DATED 28/4/2015 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3146 Of 2015 --------------------------------- st day of June, 2015.

Dated this the 1

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 J.F.C.M, Mannarkkad to release the petitioners on bail on their surrender before the Court, in the light of the decision of this Hon'ble Court in Shanu v. State of Kerala (2000(3) KLT 452), in the interests of justice"

2.

Heard Sri.Babu.S.Nair, learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondents. 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 petitioners voluntarily surrender before the Judicial First Class Magistrate Court, Mannarkkad (dealing Crime No.239/2015 of Agali Police Station), within a period of two weeks from today and submit necessary applications for recall of the warrant and applications for grant of bail, then the court below concerned shall consider those applications on the same day itself, in accordance with law and taking into consideration the facts and circumstances of this case and in view

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Crl.M.C.No.3146 Of 2015 of the decision in Shanu v. State of Kerala reported in 2000 (3) KLT 452. It is further ordered that the petitioners 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 petitioners may be kept in abeyance for the time being. It is made clear that in case the petitioners do not surrender before the court below concerned within the said period of two weeks 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 applications 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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