Dr. C.Vassu v. The Sub Inspector Of Police, Feroke Police Station
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. 5081 of 2015 () --------------------------- CC 984/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE CRIME NO. 29/2010 OF FEROKE POLICE STATION, KOZHIKODE --------------------- PETITIONER/ACCUSED :
-------------------------------- DR. C. VASSU, S/O.MADHAVAN, "ANJANAPURI", NELLOORNADU, MANANTHAVADY, EDAVKA PANCHAYAT, WAYANAD DISTRICT, PIN-670 645.
BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENTS/COMPLAINANT, STATE & DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------------------
1. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN - 673 001.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
3. MANAGER PUNJAB NATIONAL BANK, NADAKKAVU BRANCH, KOZHIKODE-673 011.
R1 & R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MAJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
ALEXANDER THOMAS, J.
================== Crl.M.C No.5081 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: "to direct the Court of the Judicial First Class Magistrate -V, Kozhikode to consider the petitioner's bail application, in C.C No.984/2013 on the file of the Court of the Judicial First Class Magistrate -V, Kozhikode - Crime No.29/2010 of Feroke Police Station in Kozhikode District on the same day of filing and to release him on bail on the same day in the best interest of justice." 2.
Heard Sri.K.M Sathyanatha Menon, 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 -V, Kozhikode (dealing with C.C No.984 of 2013), 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.5081 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
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