Saji Beebi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Crl.MC.No. 5071 of 2015 () --------------------------- CC.NO. 919/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, HARIPAD CRIME NO. 52/2013 OF KANAKAKUNNU POLICE STATION , ALAPPUZHA DISTRICT ------------------- PETITIONER/ACCUSED NO.1:

----------------------------------------------- SAJI BEBI, AGED 37 YEARS,S/O.BABY, MANGALATHU VADAKKATHIL, THAMARAKULAM VILLAGE, KANNANAMKUZHI MURI, ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

ALEXANDER THOMAS, J.

================== Crl.M.C No.5071 of 2015 ================== Dated this the 7th 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: "i) to direct the , Judicial First Class Magistrate -I, Harippad to consider the petition to recall the warrant and to consider the bail application in crime No.52/2013 in C.C No.919/2013. ii) Pass such other orders that may deem fit and proper by this Hon'ble court."

2.

Heard Sri.R.Sunil Kumar, learned counsel for the petitioner 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 petitioner voluntarily surrenders before the Judicial First Class Magistrate Court-I, Harippad (dealing with C.C No.919/13), 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

Crl.M.C No.5071 of 2015 - : 2 :- 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 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.5071 of 2015 - : 3 :-