Eldho P.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Crl.MC.No. 4540 of 2015 --------------------------- OR NO. 1/2015 OF IDAMALAYAR FOREST STATION, ERNAKULAM. ..........

PETITIONER/ACCUSED NO.3:

-------------------------- ELDHO P.K, AGED 40 YEARS, S/O.P.M.KURIAKOSE, PUTHENPURACKAL HOUSE, KOOVAPPARA.P.O., KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN - 686 691.

BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S)/COMPLAINANT & THE INVESTIGATING OFFICER: -----------------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2. DEPUTY RANGER, FOREST STATION, EDAMALAYAR, ERNAKULAM DISTRICT, PIN - 686 681,(NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY SPEICAL PUBLIC PROSECUTOR(FOREST) SRI.M.P.MADHAVAN KUTTY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4540 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 :

TRUE COPY OF THE ORDER DATED 9.7.2015 IN CRL.M.C.NO.4247 OF 2015 PASSED BY THIS HON'BLE COURT. ANNEXURE A2 :

TRUE COPY OF THE ORDER DATED 9.7.2015 IN CRL.M.C.NO.4249 OF 2015 PASSED BY THIS HON'BLE COURT. RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.4540 Of 2015 --------------------------------- Dated this the 20 th day of July, 2015.

O R D E R

The prayers in this Crl.M.C are as follows:

(i) To direct the 2nd respondent not to arrest the petitioner in connection with Crime No.1 of 2015 on the files of the Forest Station, Edamalayar, Ernakulam District, in order to enable the petitioner to appear before the Judicial First Class Magistrate's Court-II, Kothamangalam and to apply for bail in terms of Annexure A-1. nd respondent or the arresting officer to (ii) To direct the 2 release the petitioner on interim bail for a period of ten days in order to enable the petitioner to move an application for bail in Crime No.1 of 2015 on the files of the Forest Station, Edamalayar, Ernakulam District before the Judicial First Class Magistrate's Court-II, Kothamangalam, in terms of Annexure A-1 order."

2.

Heard Sri.C.S.Manu, learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondentForest Officer. 3.

The learned Special Government Pleader appearing for the respondent submits that in view of Anx-A1 order passed by this Court, the petitioner will not be arrested if in case the petitioner appear before the learned Magistrate in full compliance with the directions issued by this Court in Anx-A1 order as well as the directions in this order and

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Crl.M.C.No.4540 Of 2015 moves appropriate application for grant of bail. It is further pointed out by the learned Special Government Pleader that this will be without prejudice to oppose the bail application before the learned Magistrate concerned. In view of the above said submissions and the aspects arising out of Anx-A1 order, it is ordered in the interest of justice that time limit for compliance with Anx-A1 order in the case of the petitioner will stand extended by a further period of two weeks from today. The learned counsel for the petitioner undertake that the petitioner would make appropriate application for bail with necessary copy to the learned Prosecutor concerned without any further delay after issuance of a certified copy of this order. With these observations and directions, this Crl.M.C stands finally disposed of.

ALEXANDER THOMAS, Judge.

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