M.A.K. Asif v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Crl.MC.No. 3726 of 2015 () --------------------------- LP.NO. 44/2015 OF ADDL. SESSIONS COURT - V, THIRUVANANTHAPURAM SC.NO. 584/2004 OF ADDL. DISTRICT SESSIONS (ADHOC)-II, THIRUVANANTHAPURAM CRIME NO.OR.1/2004 OF NCB/RIU/ THIRUVANANTHAPURAM ---------- PETITIONER/A3:- ---------------------------- M.A.K. ASIF, IOB CHOICE HEIGHTS, BAINS COMPOUND, NANTHENCODE, THIRUVANANTHAPURAM (ABSCONDING).

BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.V.S.THOSHIN RESPONDENT(S)/COMPLAINANT:- -----------------------------------------------------

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

2. INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM-695 001 BY ADDL.DGP SRI.TOM JOSE PADINJAREKKARA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 3726 of 2015 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

--------------------------------------------- ANNEX A.

TRUE COPY OF THE JUDGMENT IN SC NO.584/04 DATED 10.12.07 OF THE ADDL. SESSIONS JUDGE, ADHOC NO.II, THIRUVANANTHAPURAM. ANNEX B.

CERTIFICATE ISSUED BY DR.M.NAZAR, SENIOR CONSULTANT, UROLOGIST & ANDOLOGIST PROFESSOR & HEAD, DEPARTMENT OF GENITO URINARY SURGERY, GOVT. T.D. MEDICAL COLLEGE HOSPITAL, VANDANAM, ALAPUZHA.

RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

ALEXANDER THOMAS, J.

----------------------------- --------------------------------- rd day of June, 2015.

Dated this the 23

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 court below to recall the L.P. warrant No.44/15 in Crime Cr.No.OR.1/2004 of NCB/RIU/Thiruvananthapuram pending on the file of Addl. Sessions Court-V, Thiruvananthapuram pending against the petitioner and further direct the court below to release the petitioners on bail in the event he surrender before the court below by exercising the inherent powers of this court in the interests of justice."

2.

Heard Sri.Sasthamangalam S.Ajithkumar, learned counsel for the petitioner and Sri.Tom Jose Padinjarekkara, learned Additional DG of Prosecution and Additional State 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 Additional Sessions CourtV, Thiruvananthapuram (dealing L.P.No.44/2015 arising out of

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Cr.No.OR.1/2004 of NCB/RIU/Thiruvananthapuram) 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 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 open to the petitioner to place for consideration Ext.C1 FSL report referred to Annexure-A judgment.

The plea of the petitioner that the offence charged against him is only a bailable offence should also be examined and adverted to by the court below. 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.

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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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