Abdulla v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 Crl.MC.No. 4004 of 2015 --------------------------- CC 485/2010 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT - I, KASARAGOD. CRIME NO. 203/2008 OF MANJESHWAR POLICE STATION, KASARGOD. ..........

PETITIONER(S)/ACCUSED 1 AND 2:

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1. ABDULLA, S/O.PALLIABBA, AGED 60 YEARS, RESIDING AT KADAMBAR HOUSE, KADAMBAR VILLAGE, MANJESHWAR, KASARAGOD DISTRICT.

2. MANSOOR, S/O.ABDULLA, AGED 30 YEARS, RESIDING AT KADAMBAR HOUSE, KADAMBAR VILLAGE, MANJESHWAR, KASARAGOD DISTRICT.

BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT/STATE:

-------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

BY PUBLIC PROSECUTOR SRI.GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

ALEXANDER THOMAS, J.

================== Crl.M.C No.4004 of 2015 ================== Dated this the 1st day of July, 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: "to direct the Learned Judicial First Class Magistrate's Court-I, Kasaragod to consider the bail application being filed by the petitioners in C.C No.485/2010 (Crime No.203/2008 of Manjeshwar Police Station, Kasaragod District) on its file and enlarge the Petitioners on bail in the above case on the date of their surrender itself, on such conditions as deems fit and proper in the circumstances of the case, so as to secure the ends of justice." 2.

Heard Sri.T. Madhu, 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 Class Magistrate's Court-I, Kasaragod (dealing with C.C No.485/2010 in Crime No.203/2008 of Manjeshwar Police Station, Kasaragod District), within two weeks from today, and submits necessary application for recall of the warrant and application for

Crl.M.C No.4004 of 2015 - : 2 :- 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 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/- sab ALEXANDER THOMAS, JUDGE

Crl.M.C No.4004 of 2015 - : 3 :-