Shins 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. 4357 of 2015 () --------------------------- CRIME NO. 589/2015 OF PALLICKAL POLICE STATION, THIRUVANANDAPURAM ----------------- PETITIONER/ACCUSED NO.1 :

------------------------------------------ SHINS, AGED 22 YEARS, S/O. BANERJEE, KRISHNALAYAM, NJARAYILKONAM, MADAVOOR, PALLIKKAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE AND COMPLAINANT :

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

2. THE SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION THIRUVANANTHAPURAM DISTRICT.

R1 & R2 BY PUBLIC PROSECUTOR SRI. N. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4357 of 2015 ================== Dated this the 14th 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: ".............. direct the J.F.M.C, Attingal to consider and pass orders on the bail application of the petitioner in Crime No. 589/2012 of Pallickal Police Station, on the same day of their surrender on merit in the interest of justice." 2.

Heard Sri.Latheesh Sebastian, 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, Attingal (dealing with Crime No. 589/ 2015 of Pallickal Police Station) within two weeks from today and submits necessary application for grant of bail, then the court below concerned shall consider the application for bail on the same day itself, in accordance with law and taking into consideration the facts

Crl.M.C.4357/15 - : 2 :- 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 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 direction issued herein above will stand automatically 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/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge