Anilkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 3186 of 2015 ------------------------------------ C.C.NO.943/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA CRIME NO. 465/2011 OF KOLATHUR POLICE STATION, MALAPPURAM DISTRICT ---------------- PETITIONER(S)/ACCUSED :

----------------------------------------- ANILKUMAR, S/O.NEELAKANDAN, PULLIYIL HOUSE, P.O.VETTALLUR, KOLATHUR POLICE STATION, PERINTHALMANNA P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE RESPONDENT(S)/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 3186 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

A TRUE COPY OF THE FINAL REPORT IN CRIME NO.465/2011 OF KOLATHUR POLICE STATION. RESPONDENT(S)' ANNEXURES :

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

Msd.

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3186 of 2015 ================== Dated this the 2nd day of June, 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 prayer: "

.......... direct the Judicial First Class Magistrate Court-I, Perintalmana to consider the bail application to be submitted by the petitioner/accused in C.C.No.943/2013 in Crl.No.465/2011 of Kolathur police station on his surrender before that court and release him on bail on the same day in the interest of justice. " 2.

Heard Sri.P.Samsudin, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondentState 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's Court-I, Perinthalmanna, without any further delay and submit necessary application for recall of the warrant and application for grant of bail, then the above said Magistrate court shall consider those applications on the same day itself, in accordance with law and taking into consideration the facts and

- : 2 :- 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 a period of two weeks from today, 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.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge