Biju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Crl.MC.No. 4732 of 2015 () --------------------------- IN CC 835/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM ------------------------------- PETITIONER(S)/ACCUSED:

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1. BIJU S/O VARKY, THOTTIYIL HOUSE, VELIYANNOOR VILLAGE POOVAKKULAM KARA, MEENACHAL TALUK, KOTTAYAM DISTRICT

2. BAIJU S/O SCARIYA, PAMBARAYIL PUTHENPURAYIL HOUSE VELIYANNOOR VILLAGE, POOVAKKULAM KARA, MEENACHAL TALUK PIRAVOM, ERNAKULAM DISTRICT

3. BINU S/O ULAHANNAN, THODIYIL HOUSE, VELIYANNOOR VILLAGE POOVAKKULAM KARA, MEENACHAL TALUK, PIRAVOM ERNAKULAM DISTRICT BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS RESPONDENT(S)/COMPLAIANAT:

---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GITHESH.R THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VS

ALEXANDER THOMAS, J.

======================= Crl.M.C.No.4732 of 2015 ======================= Dated this the 29th day of July, 2015

ORDER

The above captioned Crl.M.C. has been filed under Sec.482 of the Code of Criminal Procedure with the following prayers:

"The Hon'ble Court may be pleased to direct the learned Magistrate to release the petitioners on bail on the date of their surrender itself in C.C.No.835/2015 of Judicial First Class Magistrate Court, Piravom in the interest of justice"

2.

Heard Sri.K.S.Arunkumar, learned counsel for the petitioners 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 petitioners voluntarily surrender before the Judicial First Class Magistrate Court, Piravom dealing with CC.No.835/2015, within two weeks from today, and submits necessary application for recall of the warrant and application for grant of bail, then the court below concerned shall consider those

Crl.M.C.No.4732 of 2015 applications on the same day itself, in accordance with law and taking into consideration the facts and circumstances of this case. It is further ordered that the petitioners 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 petitioners may be kept in abeyance for the time being. It is made clear that in case the petitioners 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. 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/- ALEXANDER THOMAS JUDGE vs