K.P.Arunkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Crl.MC.No. 3821 of 2015 () --------------------------- CC 1338/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHALAKUDY -------------------- PETITIONER(S)/4TH ACCUSED :
------------------------------------------- K.P.ARUNKUMAR, S/O.PARAMESWARAN, GOPIKA DAIRY FARM, KONGORPILLY, PIN 683 518.
BY ADVS.SRI.VAKKOM N.VIJAYAN SRI.R.SURESH SMT.V.RENJU SRI.P.ANIYAN RESPONDENT/COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY THE FOOD INSPECTOR, CHALAKUDY CIRCLE PIN - 680307.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
----------------------------- Crl.M.C.No.3821 Of 2015 --------------------------------- th day of June, 2015.
Dated this the 25
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 permit the petitioner to surrender before the court below and to release him on bail on the date of surrender itself and also direct the court below to recall the warrant pending against the petitioner in C.C.No.1338 of 2015 on the file of the Judicial First Class Magistrate Court, Chalakudy." 2.
Heard Sri.Vakkom N.Vijayan, 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, Chalakudy (dealing C.C.No.1338/2015) 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
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Crl.M.C.No.3821 Of 2015 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 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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