Aneesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Crl.MC.No. 4785 of 2015 () --------------------------- CRIME NO. 857/2015 OF PERINTHALMANNA POLICE STATION. ......

PETITIONER/ACCUSED:

------------------------------------ ANEESH, S/O.DEVADAS, AGED 24 YEARS, PANAYAN KUNNATH HOUSE, CHEMMALACHERY P.O., PULAMANTHOLE, MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS.

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR, PERINTHALMANNA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4785 of 2015 ================== Dated this the 30th 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: "......... to issue a direction to the J.F.C.M. Court-I, Perinthalmanna to consider the bail application filed by the petitioner on the same day itself and grant bail in Perinthalmanna Police Station Crime No. 857 of 2015 in the interest of justice." 2.

Heard Sri.U.K.Devidas, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondentState 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-II, Perinthalmanna (dealing with Crime No.857/2015 of Perinthalmanna 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

Crl.M.C.4785/15 - : 2 :- into consideration the facts 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