Sangeeth Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Crl.MC.No. 5632 of 2015 () --------------------------- CC.NO. 2612/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,CHITTUR --------------- PETITIONER/ACCUSED:

-------------------------------------- SANGEETH KUMAR, S/O MANIYAN, AGED 32 YEARS, SENTHIL NIVAS, CHULLIMADA, KANJIKODE, PALAKKAD.

BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAIANT:

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

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.5632 Of 2015 --------------------------------- Dated this the 20 th day of August, 2015.

O R D E R

This Criminal M.C. has been instituted under Section 482 of the Code of Criminal Procedure seeking the invocation of the inherent powers conferred on this Court with the following prayer. "...............................to direct the Court below to consider the bail application to be filed by the petitioner in C.C.No.2612/13 of the Court of the Judicial 1st Class Magistrate, Chittur on the date of surrender itself allowing this petition."

2. Heard Sri.Jacob Sebastian, the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State of Kerala.

3. After hearing both sides and taking into consideration the totality of the facts and circumstances of the case, it is ordered in the interest of justice that in case the petitioner voluntarily surrenders before the Judicial First Class Magistrate Court, Chittur, dealing with C.C.No.2612/2013, within a period of two weeks from today and makes necessary application for recall of the pending warrant as well as necessary application for grant of bail in the pending case (C.C.No.2612/2013) then the jurisdictional Magistrate concerned is

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Crl.M.C.No.5632 Of 2015 directed to consider such applications on the same day of surrender itself, in accordance with law, after taking into consideration the relevant aspects of the case. It is also ordered that the petitioner shall give advance notice to the prosecutor concerned appearing before the Magistrate Court concerned, on the above said applications and notifying the exact date and time of surrender before the said Court, at least 24 hours prior to such proposed surrender. It is further ordered in interest of justice that until orders are passed by the jurisdictional Magistrate concerned, further coercive steps initiated against the petitioner in execution of the impugned warrant, will be kept in abeyance.

It is further made clear that in case the petitioner does not surrender before the jurisdictional Magistrate concerned, within a period of two weeks from today, the aforementioned directions issued herein above will stand automatically quashed. 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 this Crl.M.C. stands finally disposed of.

ALEXANDER THOMAS, Judge.

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