Krishnadas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 Crl.MC.No. 4346 of 2015 () --------------------------- CRIME NO. 468/2004 OF WADAKKANCHERY POLICE STATION, THRISSUR L.P.R. NO. 17/2009 IN CC NO. 527/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY --------------- PETITIONER/ACCUSED :

------------------------------------- KRISHNADAS, AGED 48 YEARS S/O.SAKARANKUTTY, PAKALPURAKAL HOUSE, MADATARA P.O., THRISSUR.

BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU BY ADVS. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.4346 Of 2015 --------------------------------- th day of July, 2015.

Dated this the 14

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 Court of the Judicial First Class Magistrate, Wadakkancherry to consider the bail application of the petitioner on the date of surrender itself and release the petitioner on bail in L.P.R.No.17/2009 in C.C.No.527/2007 on the file of the Court of the Judicial First Class Magistrate, Wadakkancherry, on such conditions as this Honourable Court may deem fit to impose in the facts of the case, so as to secure the ends of justice."

2.

Heard Sri.P.Vijaya Bhanu, learned senior 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, Wadakkancherry, in L.P.R.No.17/2009 in C.C.No.527/2007, within two weeks from today, and submits necessary application for recall of the warrant and application for grant of bail, then the court

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Crl.M.C.No.4346 Of 2015 below concerned shall consider those applications on the same day itself, and grant him bail subject to imposition of conditions that may be found just and necessary by the court below in accordance with law. Consequent orders on the application for recall of warrant will also be passed accordingly. 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. With these observations and directions, the Crl.M.C. stands finally disposed of.

ALEXANDER THOMAS, Judge.

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