Baby Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 Crl.MC.No. 3439 of 2015 () --------------------------- CC.NO. 639/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KANNUR ---------------- PETITIONER :

----------------------- BABY JOSEPH, S/O.JOSEPH, AGED 55 YEARS, PILAKKATTIL HOUSE, VARIKKOLI P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.RONY JOSE RESPONDENT:- ---------------------------- 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 10-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3439 of 2015 ================== Dated this the 10th 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 prayers: "...... to quash the warrant issued against the Petitioner in C.C.639/2003 on the files of the Judicial First Class Magistrate Court No.1, Kannur and direct the learned Magistrate to consider Petitioner's bail application and enlarge him on bail on the date of appearance itself in C.C.639/2003 on the files of the Judicial First Class Magistrate Court No.1, Kannur.

2.

Heard Sri.Bechu Kurian Thomas, 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's Court-I, Kannur, dealing with the aforementioned case, within 3 weeks from today, and submits necessary application for recall of the warrant and application for grant of bail, then the above said Magistrate's court shall consider

Crl.M.C.3439/15 - : 2 :- 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 a period of 3 weeks as directed above, then the directions issued herein above shall stand automatically 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

Crl.M.C.3439/15 - : 3 :-