Abdul Rahman A. v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Crl.MC.No. 3683 of 2015 () --------------------------- LP.NO. 116/2011 OF CHIEF JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARGOD -------------- PETITIONER/ACCUSED :

------------------------------------- ABDUL REHMAN A., AGED 52 YEARS S/O. MOHAMOOD, PACHAKKAD HOUSE RAHMATH NAGAR, CHEROR ROAD CHENGALA, KASARGOD.

BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.G.ANEESH SRI.P.V.ANOOP SMT.PRIYANKA VARGHESE RESPONDENTS/COMPLAINANT & STATE :

------------------------------------------------------------- 1.

S.I. OF POLICE KASARGOD POLICE STATION KASARGOD - 671 001.

2.

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

R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 3683 of 2015 () APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A : COPY OF THE CHARGE SHEET IN CC NO. 661/10 WHICH IS NOW PENDING AS L.P. NO. 116/2011 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARGOD.

RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3683 of 2015 ================== Dated this the 22nd 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: "..........this Honourable court may kindly direct the Chief Judicial Magistrate Court, Kasaragod, to consider the bail application of the petitioner on the date of his surrender in L.P.No.116/2011 and further direct to keep in abeyance the warrant of arrest till the bail application is considered by the learned Magistrate."

2.

Heard Sri.P.V.Kunhikrishnan 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 Chief Judicial Magistrate's Court, Kasaragod in L.P.No.116/2011, 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 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

Crl.M.C.No. 3683 of 2015 2 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/-ALEXANDER THOMAS, JUDGE MJL