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High Court of KeralaCrl.MC/5499/2015disposed of

Vellaparakunnil Mohanan v. The State Of Kerala

2015-08-19Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 Crl.MC.No. 5499 of 2015 --------------------------------- CRL.MC 1028/2015 OF SESSIONS COURT, MANJERI DATED 04-07-2015 CRIME NO.169/2015 OF WANDOOR POLICE STATION, MALAPPURAM. --------------------- PETITIONER(S)/ACCUSED:

-------------------------------------- VELLAPARAKUNNIL MOHANAN, AGED 49 YEARS, S/O.NARAYANAN CHETTIYAR, VANIYAMBALAM P.O., WANDOOR, MALAPPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) RESPONDENT(S):

------------------------- 1.

THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2.

THE SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION, MALAPPURAM DISTRICT, PIN-679328.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 5499 of 2015 --------------------------------- APPENDIX PETITIONERS' ANNEXURES --------------------------------------- ANNEXURE A: COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.169/15 OF THE WANDOOR POLICE STATION ANNEXURE B: COPY OF THE COMPLAINT GIVEN BY THE PETITIONER & OTHERS BEFORE THE R2 DT.17/3/15 ANNEXURE C: COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER DATED 28/12/13 ANNEXURE D: COPY OF THE ORDER DATED 4/7/15 N CRL.MC.1028/15 OF THE COURT OF SESSION, MANJERI.

RESPONDENTS' ANNEXURE ---------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 5499 of 2015 ================== Dated this the 19th day of August, 2015

O R D E R

The above captioned Criminal Miscellaneous Case has been filed with the prayer to direct the Judicial First Class Magistrate Court-II, Perinthalmanna, to consider and dispose of the bail application of the petitioner in the light of the decision of this Court in the case Shanu v. State of Kerala , reported in 2000 (3) KLT 452.

2.

In the facts and circumstances of this case, it is ordered in the interest of justice that in the event of the petitioner appearing and surrendering on or before 09-09-2015 before the Judicial First Class Magistrate Court-II, Perinthalmanna, and filing appropriate bail application on his behalf, then the above said learned Magistrate shall consider the said bail application on the same day itself and in the light of the decision of this Court in the case Shanu v. State of Kerala reported in 2000 (3) KLT 452. Needless to say, the learned Magistrate shall examine the merits of the matter raised in the aforementioned bail application of the petitioner. The petitioner is also at liberty to produce a photocopy of the reported text of the decision of this Court in the case

Crl.M.C.No.5499 of 2015 -:2:- Shanu v. State of Kerala reported in 2000 (3) KLT 452, for the perusal of the learned Magistrate. Further, in the interest of justice, it is ordered that until consideration and disposal of the bail application of the petitioner by the learned Magistrate as directed above, all further coercive action against the petitioner, if any, will be kept in abeyance.

The Crl.M.C. is finally disposed of with the above said observations and directions.

Sd/- ALEXANDER THOMAS, JUDGE AVS