Harilal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 Crl.MC.No. 4395 of 2015 -------------------------------- CC.NO. 545/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD CRIME NO. 732/2008 OF VATANAPPALLY POLICE STATION, THRISSUR .........

PETITIONER(S)/ACCUSED:

-------------------------------------- HARILAL, AGED 33 YEARS, S/O.SIVA SANKARAN, PAPPACHAN HOUSE, THAMPAN KADAVU, THALIKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT(S)/STATE:

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

BY PUBLIC PROSECUTOR SRI.GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

RAJA VIJAYARAGHAVAN.V, J.

--------------------------------------- Crl.M.C No.4395 of 2015 ---------------------------------------- Dated this the 15th day of July, 2015

ORDER

1.

The petitioner is the accused in L.P. No .106/2014 on the files of the Judicial Magistrate of First Class,, Chavakkad. The said case arose from C.C.No.545/2014 of the Vatanappally police station. As the petitioner absconded, case against him was split up and the case was included in the list of 'long pending' cases. 2.

In this petition filed under S. 482 of the Code of Criminal Procedure , the petitioner seeks a direction to the learned Magistrate to recall the non bailable warrant issued as against him and to consider his application for bail. It appears that it is on account of the non appearance of the petitioner before the learned Magistrate, that non bailable warrant was issued against him.

Crl.M.C No.4395 of 2015 3.

After having heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor and after taking note of the relevant facts and attendant circumstances, it is hereby ordered that in the event of the petitioner surrendering before the learned Magistrate on or before 29.7.2014 and applies for recalling the warrant and grant of bail , after serving advance notice to the prosecutor concerned , the same shall be considered and disposed of on its merits , on the same date itself . Coercive steps, if any pending as against the petitioner, shall be kept in abeyance till then.

Crl.M.C is disposed of as above.

RAJA VIJAYARAGHAVAN.V Judge AD