Irshad K.V. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Crl.MC.No. 4174 of 2015 ------------------------------------- C.C.NO.240/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA CRIME NO. 205/2012 OF MELATTOOR POLICE STATION ---------------- PETITIONER(S)/ACCUSED :

------------------------------------------ IRSHAD K.V., AGED 22 YEARS, S/O.IQBAL, KODUVAIKKAL HOUSE, CHUNGAM, PATTIKKAD, KARYAVATTOM, MELATTOOR.P.O., PERINTHALMANNA, MALAPPURAM DISTRICT.

BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S)/STATE :

---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031, (THROUGH STATION HOUSE OFFICER, MELATTOOR POLICE STATION, MALAPPURAM DISTRICT). BY PUBLIC PROSECUTOR SRI.N.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

ALEXANDER THOMAS, J.

================== Cr.M.C No.4174 of 2015 ================== Dated this the 7th 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 Court-II, Perinthalmanna, to release the petitioner on bail in connection with Crime No.205/2012 of Melattoor Police Station now pending as C.C No.240/13 on the date of surrender itself."

2.

Heard Sri.C.M Kammappu, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State 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-II, Perinthalmanna (dealing with C.C No.240/13), within two weeks from today, and submits necessary application for recall of the warrant and application for grant of bail, then the above said Magistrate's court shall consider those applications on the same day itself, in accordance with law and

Cr.M.C No.4174 of 2015 - : 2 :- 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

Cr.M.C No.4174 of 2015 - : 3 :-