Vasu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Crl.MC.No. 5208 of 2015 () --------------------------- CC.NO. 20/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOOTHATTUKULAM -------------------- PETITIONER/ACCUSED A1:

------------------------------------------ VASU,S/O.AYYAR, AGED 64 YEARS, SUNIL NIVAS HOUSE, PAMBRA KARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, KERALA-686 664.

BY ADV. SRI.JOHN T.PAUL RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.GITHESH.R THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 5208 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX AI :

CERTIFIED COPY OF THE FINAL REPORT IN CC NO.20 OF 2014 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOOTHATTUKULAM.

ANNEX AII :

CERTIFIED COPY OF THE 'B' DIARY PROCEEDINGS IN CC 20/2014 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOOTHATTUKULAM.

ANNEX AIII :

TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER DATED 31-7-2015 ISSUED BY THE MEDICAL OFFICER OF CHC MULANTHURUTHY.

RESPONDENT(S)' ANNEXURES:

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

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 5208 of 2015 ================== Dated this the 11th 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 quash the order dated 27.5.2015 and restore the bail to the petitioner in CC.20/2014 or direct the Hon'ble Judicial First Class Magistrate Court, Koothattukulam to continue the bail to the petitioner on such terms and conditions that may deem fit and proper for the interest of justice."

2.

Heard Sri.John T Paul, 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, Koothattukulam (dealing with C.C.20/2014), 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 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

Crl.M.C.No. 5208 of 2015 2 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 in pursuance of execution of impugned warrant will 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/- ALEXANDER THOMAS, JUDGE MJL