P.Govindan v. The 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. 5714 of 2015 --------------------------- CRIME NO. 301/2015 OF BEDAGAM POLICE STATION, KASARAGOD. ...........

PETITIONER(S)/ACCUSED NOS 1&2:

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1. P.GOVINDAN, AGED 52 YEARS, S/O. KANNAN MANIYANI, RESIDING KAKKOTTAMMA IN MUNNAD VILLAGE, KASARAGOD TALUK, P.O MUNNAD.

2. P. BALAKRISHNAN @ P. BALAN, S/O. CHANDU MANIYANI, AGED 58 YEARS, RESIDING AT KAKKOTTAMMA IN MUNNAD VILLAGE, KASARAGOD TALUK, P.O MUNNAD.

BY ADV. SRI.C.K.SREEJITH RESPONDENT/COMPLAINANT:

-------------------------------------------- THE STATE OF KERALA, THROUGH STATION HOUSE OFFICER, BEDAGAM POLICE STATION, KASARAGOD DIST., REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

ALEXANDER THOMAS, J.

================== Crl.M.C No.5714 of 2015 ================== Dated this the 20th 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 prayers:

".... to grant anticipatory bail to these petitionerss on the surrender before the learned Magistrate having jurisdiction in Crime No.301/2015 on the file of Bedagam Police Station, Kasaragod Dist. for the interest of justice."

2.

Heard Sri.C.K.Sreejith, learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondentState 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 petitioners voluntarily surrender before the Jurisdictional Magistrate's Court concerned (dealing with Crime No.301/2015 of Bedagam Police Station), within four weeks from today and submits necessary application for grant of bail, then the court below concerned shall consider the application for bail on the

Crl.M.C No.5714 of 2015 - : 2 :- same day itself, in accordance with law and taking into consideration the facts and circumstances of this case. It is further ordered that the petitioners shall give advance notice to the Prosecutor concerned attached to the court below concerned intimating the date and time of surrender before the court below, at least 24 hours prior to such proposed surrender. It is made clear that in case the petitioners do not surrender before the court below concerned within a period of four weeks as directed above, then the direction issued herein above will stand automatically 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/- sab ALEXANDER THOMAS, JUDGE

Crl.M.C No.5714 of 2015 - : 3 :-