Gladson Mathew v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No. 3511 of 2015 --------------------------- LP 70/2012(C.P.NO.44/2011) OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, THAMARASSERY, KOZHIKODE DISTRICT.

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PETITIONER/ACCUSED:

---------------------------------- GLADSON MATHEW, AGED 24 YEARS, S/O.MATHEW, NOCHUMANNIL HOUSE, KANNAPPANKUNDU, MYLELLAMPARA.P.O., KOZHIKODE - 673 586.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3511 Of 2015 --------------------------------- th day of June, 2015.

Dated this the 12

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 Court-I, Thamarassery to consider the bail application on the same day of surrender itself and release the petitioner on bail in L.P.No.70 of 2012." 2.

Heard Sri.R.Sudhish, learned counsel for the petitioner 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 petitioner voluntarily surrenders before the Judicial First Class Magistrate Court-1, Thamarassery [dealing L.P.No.70/2012 (C.P.No.44/2011)] 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 same day itself, in accordance with law and taking into consideration the facts and circumstances of this case. It is further ordered that the

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Crl.M.C.No.3511 Of 2015 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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