V.Balachandran v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 Crl.MC.No. 5359 of 2015 () --------------------------- LPC.NO. 192/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II,HOSDURG CRIME NO. 468/2007 OF NILESHWAR POLICE STATION , KASARGOD DISTRICT --------------- PETITIONER/ACCUSED:
-------------------------------------- V.BALACHANDRAN, AGED 48 YEARS, S/O. KRISHNAN, RESIDING AT PULLUR, PULLUR VILLAGE, P.O.HARIPURAM.
BY ADVS.SRI.T.K.VIPINDAS SMT.PREM BINDU T.K.
SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR SRI.K.M.MUHAMMED HUSSAIN RESPONDENT/STATE:
---------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY SHO, NILESHWAR POLICE STATION.
BY PUBLIC PROSECUTOR SMT. P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-08-2015,ALONG WITH CRL.MC.NO.5361 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
ALEXANDER THOMAS, J.
----------------------------- Crl.M.C.Nos.5359, 5361, 5366, 5368, 5369, 5370, 5371, 5375, 5376, 5377, 5378, 5379, 5401, 5420, 5433, 5434, 5435, 5436, 5437, 5438, 5439, 5440, 5447, 5448, 5449, 5450, 5451, 5452, 5453, 5454, 5455, & 5466 Of 2015 --------------------------------- Dated this the 17 th day of August, 2015.
O R D E R
All these 32 Crl.M.Cs have been filed by the very same petitioner, who is accused in 32 similar crimes for offence under Sec.420 IPC. The details of each of these calendar cases pertaining to each of these 32 crimes are given in the respective cause title of each of the Crl.M.Cs. The prayer of the petitioner is that his application for grant of bail and recall of Non-bailable Warrant should be directed to be considered by the court below ( Judicial First Class Magistrate Court-II, Hosdurg) on the same day of his appearance before the court below and directions may also be given to the court below to ensure that necessary orders are passed thereon on the same day.
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Crl.M.C.Nos.5359, 5361, etc.
2.
Accordingly, it is ordered in the interest of justice that it will be open to the petitioner to file separate applications to recall the warrant and application for grant of bail in each of these 32 calendar cases concerned before the Judicial First Class Magistrate Court-II, Hosdurg, without any further delay, at any rate, within a period of one month from today, upon which the learned Magistrate shall consider those applications on the same day on which the petitioner appears in the respective cases concerned and orders are passed on merits after adverting to the facts and circumstances of the case and orders should be passed on the same day.
The petitioner shall ensure that advance copy of those applications has been served on the Prosecutor concerned attached to the court below at least 24 hours prior to the proposed appearance in the case concerned. It is further ordered in the interest of justice that until orders are passed by the learned Magistrate on those applications, further coercive steps in pursuance of the execution of the impugned Non-bailable Warrants pending against the petitioner shall be kept in abeyance.
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Crl.M.C.Nos.5359, 5361, etc.
made clear that if the petitioner does not appear before the court below as directed above, then the benefit granted by this Court as herein above in these cases will stand automatically vacated without any further orders from this Court. It is further made clear that in view of the pendency of these 32 cases, it will be open to the petitioner to furnish one set of 2 sureties in all the cases subject to satisfaction of the learned Magistrate.
With these observations and directions, these 32 Crl.M.Cs stand finally disposed of.
ALEXANDER THOMAS, Judge.
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