Sudheer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 Crl.MC.No. 4867 of 2015 ----------------------------------- CP 93/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERRY CRIME NO. 1291/2013 OF VADAKKANCHERY POLICE STATION , THRISSUR ---------------- PETITIONER(S)/ACCUSED NO.7:

---------------------------------------------- SUDHEER, AGED 26 YEARS, S/O.SULAIMAN, KOLOTHUKULAM HOUSE, VAZHAKKOD VALAVU DESOM, MULLURKARA VILLAGE, THRISSUR DISTRICT.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, 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 05-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 4867 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE-A1: TRUE COPY OF FIR AND FIS IN CRIME NO.1291/2013 OF WADAKKANCHERY POLICE STATION.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C No.4867 of 2015 ================== Dated this the 5th day of August, 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 direct the Judicial First Class Magistrate Court, Wadakkanchery to enlarge the petitioner on bail on the date of surrender itself by considering his bail application in C.P No.93/2014 arose out of Crime No.1291/2013 of Wadakkanchery Police Station, so as to secure the ends of justice."

2.

Heard Sri.C.A Chacko, 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 Court, Wadakkanchery (dealing with C.P No.93/2014), 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 applications on the same day itself, in accordance with law and taking into

Crl.M.C No.4867 of 2015 - : 2 :- 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 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 petitioner may be kept in abeyance for the time being. 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 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/- sab ALEXANDER THOMAS, JUDGE

Crl.M.C No.4867 of 2015 - : 3 :-