Kunjumon v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 Crl.MC.No. 3674 of 2015 () --------------------------- L.P.NO. 24/2006 IN CC NO. 204/2003 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR ------------- PETITIONER/ACCUSED :
--------------------------------- KUNJUMON, AGED 58 YEARS, S/O. KRISHNAN, MATHALIPPARA, PERIYACHOLA, MEMMARA PALAKKAD BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/DEFACTO COMPLAINANT AND STATE :
---------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 3674 of 2015 () APPENDIX PETITIONER'S ANNEXURES :
ANNEXURE A:
COPY OF THE FIR NO. 41/98 OF PADAGIRI POLICE STATION, PALAKKAD RESPONDENT'S ANNEXURES :
NIL.
//TRUE COPY// P.A. TO JUDGE bp
ALEXANDER THOMAS, J.
================== Crl.M.C.No. 3674 of 2015 ================== Dated this the 18th 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 allow this criminal miscellaneous case and direct the Court of Judicial First Class Magistrate, Alathur to release the petitioner on regular bail in L.P.No.24/2006 in C.C.No.204/2003 of that Court in the event of his surrender before that Court, so as to secure the ends of justice."
2.
Heard Sri.Johnson Varikkappallil, 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, Alathur, dealing with the aforementioned case, within two 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 those applications on the same day itself, in accordance with law
Crl.M.C.3674/15 - : 2 :- 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 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 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.3674/15 - : 3 :-