Sindhirlal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 Crl.MC.No. 4936 of 2015 () --------------------------- CP.NO. 220/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,HARIPAD CRIME NO. 201/2013 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT ----------- PETITIONER/4TH ACCUSED IN CRIME:

------------------------------------------------------------ SINDHIRLAL, AGED 38 YEARS, S/O.DHARMAJAN, POLAYIL, KALLIKKAD, ARATTUPUZHA P.O., ALAPPUZHA.

BY ADV. SRI.K.P.MADHU RESPONDENT/COMPLAINANT:

----------------------------------------------- STATE - REPRESENTED BY S.I OF POLICE, THRIKKUNNAPUZHA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.GITHESH.R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 4936 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEX-A1:

TRUE COPY OF THE F.I.R IN CRIME NO.204 OF THRIKKUNNAPPUZHA POLICE STATION CHARGED AGAINST THE DEFACTO COMPLAINANT AND HIS COMPANIONS.

ANNEX-A2:

TRUE COPY OF THE F.I.R IN CRIME NO.201/2013 OF THRIKKUNNAPPUZHA POLICE STATION.

RESPONDENT(S)' ANNEXURES:

NIL --------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4936 of 2015 ================== Dated this the 4th 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 prayer: "...........to direct the Hon'ble Judicial First Class Magistrate Court Harippad to consider and dispose the Bail application filed by the petitioner in connection with Crime No.201/13 of Thrikkunnapuzha Police Station on the same day of filing."

2.

Heard Sri.K.P.Madhu, 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, Haripad (dealing with C.P.220 of 2015 arising out of Crime No.201/2013 of Thrikkunnapuzha 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 into consideration the facts and circumstances of this case. It is further ordered that the petitioner shall give advance notice to the Prosecutor concerned

Crl.M.C.No. 4936 of 2015 2 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/- ALEXANDER THOMAS, JUDGE MJL