Sunil Samuel v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Crl.MC.No. 5766 of 2015 () --------------------------- CC 2195/2014 of JUDICIAL FIRST CLASS MAGISTRATE,THIRUVALLA ---------------- PETITIONERS/ACCUSED 1 TO 9:-:
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1. SUNIL SAMUEL, MELOTH HOUSE, NJEKKUVALLI MURI, KUTTAPPUZHA THIRUVALLA.
2. RENCHY, NADUVILEPARAMBIL HOUSE, AMALLUR, KUTTAPPUZHA VILLAGE THIRUVALLA.
3. REJU, NADUVILEPARAMBIL HOUSE, AMALLUR, KUTTAPPUZHA VILLAGE, THIRUVALLA.
4. BLESSAN PARUTHIKKATTIL HOUSE, MEENTHALAKKARA MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA.
5. BIPIN PARUTHIKKATTU HOUSE, MEENTHALAKKARA, KUTTAPPUZHA VILLAGE, THIRUVALLA.
6. NEBU KOTTAKKAL HOUSE, KIZHAKKEN MUTHOOR, KUTTAPPUZHA VILLAGE, THIRUVALLA.
7. THOMAS KURIAKOSE, KADUVETTOOR VEETTIL, AMALLUR, KUTTAPPUZHA VILLAGE, THIRUVALLA.
8. SIPI K. JOHN, VETTUVELIL RACHEL VILLA, THEEPPANI KUTTAPPUZHA VILLAGE, THIRUVALLA.
9. ANCHENKUNJU @ VARGHESE PALANIKKUNNATHIL HOUSE, MANJADI, KUTTAPPUZHA VILLAGE, THIRUVALLA.
BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR
RESPONDENT :
-------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.S. GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RAJA VIJAYARAGHAVAN V, J.
-------------------------------------------------------- Crl.M.C.No.5766 of 2015 -------------------------------------------------------- Dated this the 21st day of August, 2015
O R D E R
The petitioners herein are the accused Nos. 1 to 9 in C.C.No.2195/2014 on the files of the Judicial First Class Magistrate Court, Thiruvalla. They have been charge sheeted for the offence punishable under sections 143, 147, 148, 149, 294(b), 447, 354, 506(ii), 323 and 427 of the Indian Penal Code.
2.
On the apprehension of arrest and remand in judicial custody in execution of a warrant of arrest issued by the learned magistrate, they seek orders from this Court under section 482 of the Code of Criminal Procedure to consider and pass orders in the bail application of the petitioners on the date of surrender itself.
3.
It is for the petitioners to approach the learned
Crl.M.C.No.5766 of 2015 : 2 :
Magistrate and appraise the reasons for their absence and to seek for recalling the warrant. There is no reason to believe that the learned Magistrate shall not exercise its discretion judicially and in accordance with law. 4.
In view of the above, it is hereby ordered that in the event of the petitioners surrendering before the Judicial First Class Magistrate Court, Thiruvalla, on or before 15.09.2015 and applies for recalling the warrant and grant of bail after serving advance notice to the prosecutor concerned, the same shall be considered and orders passed on its merits on the same day itself. Coercive steps, if any, pending as against the petitioners, shall be kept in abeyance till then.
The Criminal Miscellaneous Case is disposed of as above.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.
Bb [True copy] P.A to Judge