Lalu P.G. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Crl.MC.No. 5112 of 2015 () --------------------------- CC. NO.687/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA. CRIME NO. 8/2010 OF THALIPPARAMBA POLICE STATION., KANNUR DISTRICT. .......

PETITIONER/ACCUSED :

------------------------------------ LALU P.G., AGED 35 YEARS, S/O. GOPI, PARAPPARAMBIL HOUSE, VELLORA AMSOM, KARYAPPALLY.

BY ADV. SRI.C.R.SIVAKUMAR.

RESPONDENT/COMPLAINANT:

---------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THALIPPARAMBU POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.R. GITHESH.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-08-2015, ALONG WITH CRL.MC. NO.5113 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

The Lower court case number 'C.C. No.687/2011' occurring in the cause title of the final order dated 10/08/2015 in Crl.M.C.No.5112/2015 is corrected and substituted as 'C.C. No.482/2011' as per order dated 10/09/2015 in Crl.M.A. No.8990/2015 in Crl.M.C. No.5112/2015. SD/- ASSISTANT REGISTRAR

Crl.MC.No. 5112 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 :

COPY OF THE RELEVANT PART FIRST INFORMATION REPORT NO.08/2010 DATED 01.01.2010 OF THALIPPARAMBA POLICE STATION.

ANNEXURE 2 :

COPY OF THE AGREEMENT DATED 16.12.2009 ENTERED BETWEEN PETITIONER WITH 3RD ACCUSED.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

ALEXANDER THOMAS, J.

================== Crl.M.C.Nos.5112, 5113, 5114, 5116, 5117, 5118, 5119, 5120 and 5121 of 2015 =========================== Dated this the 10 th day of August, 2015

O R D E R

These nine Criminal Miscellaneous Cases are filed by the same petitioner who is implicated as accused No.1 in nine similar crimes which has led to the impugned C.C.Nos.687/2011, 587/2011, 680/2011, 387/2011, 687/2011, 423/2011, 436/2011, 674/2011 and 674/2011 on the files of Judicial First Class Magistrate Court, Thaliparamba for offences under Section 420 read with Section 34 of IPC. The prayer of the petitioner is that appropriate direction may be given by this Court to the Jurisdictional Magistrate's Court concerned, to consider separate applications for recall of warrant and application for grant of bail to be submitted separately in each of these nine cases, which is to be considered on the same day on which the petitioner appears and to pass necessary orders thereon in accordance with law. In these circumstances it is ordered in the interest of justice that in the event of the petitioner voluntarily surrenders and submits separate applications for recall of warrant and application for grant of bail in each of these Calendar Cases

Crl.M.C.No.5112/2015 & connected cases - : 2 :- before the JFMC, Thaliparamba, within three weeks from today then the said Magistrate Court shall consider those applications on the same day on merits and pass necessary orders in accordance with law. The petitioner will give advance copy of these applications to the Prosecutor concerned attached to the Magistrate Court concerned at least 24 hours prior to the date of the proposed appearance before the court below as referred to above. 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 in pursuance of execution of impugned warrant 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 three 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, these nine Crl.M.Cs. stands finally disposed of.

Sd/- ALEXANDER THOMAS, JUDGE MJL

Crl.M.C.No.5112/2015 & connected cases - : 3 :- Lower Court case numbers 'C.C.687/2011' occurring in the 3rd line of the 1st paragraph and 'C.C.687/2011' occurring in the 4th line of the 1st paragraph of the common final order dated 10.08.2015 in Crl.M.C.No.5112/2015 and connected cases are corrected and substituted as 'C.C.No.482/2011' and 'C.C.No.687/2010' respectively, as per order dated 10.09.2015 in Crl.M.A.No.8990/2015 in Crl.M.C.No.5112/2015 and Crl.M.A.No.8947/2015 in Crl.M.C.No.5117/2015. Sd/- Registrar (Judicial)