High Court of KeralaCrl.MC/3869/2015disposed of

C.Rajagopal v. State Of Kerala

2015-06-26Honourable Mr. Justice Alexander Thomas3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Crl.MC.No. 3869 of 2015 () --------------------------- (LP.NO. 46/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD) ------------ PETITIONER/ACCUSED:

-------------------------------------- C.RAJAGOPAL, AGED 50 YEARS, S/O.SETHUMADHAVAN NAIR, L.D.CLERK, PWD, PWD QUARTERS, JAINUMEDU, VADAKATHARA, PALAKKAD.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.K.SUJITH KRISHNA SRI.S.VISHNU (ARIKKATTIL) RESPONDENT(S)/STATE:

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

2. SANU,S/O.LEKSHMANAN, SREE RAM STREET, MUTHANTHARA, VADAKKATHARA, PALAKKAD-678 001.

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3869 Of 2015 --------------------------------- th day of June, 2015.

Dated this the 26

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 prayer: "................ to pass an order directing the Chief Judicial Magistrate, Palakkad, to consider the bail application moved on behalf of the petitioner in C.C.No.338/13 which is now pending as L.P.No.46/2014 before the Chief judicial Magistrate Court, Palakkad while surrendering and orders on merit may be passed on such application on the date of surrender itself." 2.

Heard Sri.K.Shaj, 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 Chief Judicial Magistrate Court, Palakkad (dealing L.P.No.46/2014 in C.C.No.338/2013) 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

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Crl.M.C.No.3869 Of 2015 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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