Thomas Varghese @ Shaji v. State Of Kerala
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. 3897 of 2015 () --------------------------- LP NO. 6/2010 (EARLIER CP NO. 111/2006) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI CRIME NO. 285/2000 OF RANNI POLICE STATION, PATHANAMTHITTA DISTRICT ------------------------ PETITIONER/ACCUSED :
------------------------------------ THOMAS VARGHESE @ SHAJI S/O.VARGHESE, AGED 53 YEARS ANAKUZHIKKAL VEETIL, UTHIMOOD VAIKKAM MURIYIL, RANNI VILLAGE PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.T.K.BIJU (MANJINIKARA) SMT.ANNIE M. ABRAHAM RESPONDENT/STATE :
---------------------------------- STATE OF KERALA REP. BY CIRCLE INSPECTOR OF POLICE RANNI POLICESTATION. (CRIME NO.285/2000) PATHANAMTHITTA DISTRICT - 689 647 (REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM).
BY PUBLIC PROSECUTOR SMT. P. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3897 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
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A TRUE COPY OF THE FINAL REPORT IN CRIME NO.285/2000 OF RANNI POLICE STATION SUBMITTED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
ALEXANDER THOMAS, J.
----------------------------- --------------------------------- Dated this the 26 th 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: "a) To direct the Learned magistrate, Ranni to keep in abeyance the non-bailable warrant issued against the petitioner in connection with L.P.No.6/2010 [earlier C.P.No.111/2006] which arose from Crime No.285/2000 of Ranni Police Station for a period of ten days.
b] To direct the Learned Magistrate, Ranni to not to remand the petitioner to custody on the date of surrender/appearance in connection with L.P.No.6/2010 [earlier C.P.No.111/2006 which arose from Crime No.285/2000 of Ranni Police Station and consider his bail application and pass orders thereon on the date of surrender itself." 2.
Heard Sri.T.K.Biju, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondentState 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
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Class Magistrate Court, Ranni [dealing L.P.No.6/2010 (earlier C.P.No.111/2006)] 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 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.
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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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