Ramachandran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Crl.MC.No. 4109 of 2015 ------------------------------------- CRIME NO. 374/2015 OF POTHUKALLU POLICE STATION, MALAPPURAM DISTRICT ----------------- PETITIONER(S)/ACCUSED :

----------------------------------------- RAMACHANDRAN, AGED 45 YEARS, S/O.VELAYUDHAN, PATHIRIKKUNDAN HOUSE, KUNIPPARA, BHOOTHANAM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADVS.SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE RESPONDENT(S)/STATE :

-------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.374/2015 OF POTHUKALLU POLICE STATION). BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 4109 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

TRUE EXTRACT OF THE FIRST INFORMATION STATEMENT IN CRIME NO.374/2015 OF POTHUKALLU POLICE.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K.ABRAHAM MATHEW J.

-------------------------------------------- Crl.M.C. NO.4109 OF 2015 ----------------------------------------------- Dated this the 6th day of July, 2015

ORDER

Petition filed under Section 482 Cr.P.C.

2.

Petitioner is the accused in Crime No.374 of 2015 of Pothukallu Police Station registered for the offences under Sections 341,447,324,326,354 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The prayer is to direct the Magistrate to release him on bail in the event of his surrender before the court. 3.

Heard.

4.

The High Court cannot interfere with the discretion of the learned Magistrate. Learned counsel submits that Magistrate has power to grant bail in view of the decision in Shanu Vs. State of Kerala 2000

(3) KLT 452. That is true. The learned Magistrate may also consider whether the offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act is attracted.

In the result, this Crl.M.C is disposed of with the above observations.

K.ABRAHAM MATHEW JUDGE pm