Vimal, S/O.Francis v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Crl.MC.No. 4662 of 2015 () --------------------------------------------- AGAINST THE ORDER/JUDGMENT IN CP 16/2015 of JUDICIAL FIRST CLASS MAGISTRATE-I, ALAPPUZHA CRIME NO. 1771/2013 OF ALAPPUZHA NORTH POLICE STATION , ALAPPUZHA PETITIONER(S)/ACCUSED:

VIMAL, S/O.FRANCIS, AGED 29 YEARS, KIZHAKKE ARACKAL VEEDU, CANAL WARD, ALAPPUZHA ALAPPUZHA DISTRICT.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S)/COMPLAINANT:

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

R BY SMT.S.HYMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD

Crl.MC.No. 4662 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- ANNX.

TRUE COPY OF THE ORDER DATED 16.6.2014 IN BA NO.2674/2014 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS - NIL TRUE COPY P.A TO JUDGE

P. UBAID, J.

Crl.M.C. No.4662 of 2015 Dated this the 24th day of July, 2015

O R D E R

The petitioner herein is the accused in C.P.No.16/2015 of the Judicial First Class Magistrate Court-I, Alappuzha. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the learned Magistrate he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to release him on bail. Of course, the relief as sought by the petitioner cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request for bail. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. The petitioner will have to surrender before the court below and make application for bail.

He will have to explain the reason for his absence in court. Anyway, let appropriate decision regarding bail be taken by the learned Magistrate. However, a direction can be made to consider and dispose of the application for bail on the date of surrender itself.

Crl.M.C.. No. 4662/2015 on surrender in C.P.No.16/2015, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. The petitioner is granted time for two weeks to surrender before the court below. During this period, enforcement of warrant of arrest will stand suspended. Sd/- P. UBAID, JUDGE TRUE COPY P.A TO JUDGE sd