Aneesh v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Crl.MC.No. 5768 of 2015 ------------------------- IN CC 653/2010 OF THE JUDICIAL FIRST CLASS MAGISTRAATE COURT, THIRUVALLA PETITIONERS/ACCUSED 1 TO 3:

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1. ANEESH, S/O SASI, MAMBARA HOUSE, VALLAMKULAM KIZHAKKU, ERAVIPEROOR.

2. RAJESH S/O.VIJAYAN, POYKAMANNIL HOUSE, THOTTAPPUZHA COLONY, ERAVIPEROOR

3. NIBU S/O PADMANABHAN, MAMPARAMBIL HOUSE, THOTTAPPUZHA KIZHAKKU MURI, ERAVIPEROOR 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 SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.5768 of 2015 --------------------------------------- Dated this the 21st day of August, 2015

O R D E R

The petitioners herein are the three accused in C.C No.653/2010 of the Judicial First Class Magistrate Court, Thiruvalla. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to consider and dispose of their application for bail, on the date of surrender itself. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request. I do not think that the learned Magistrate will mechanically remand them to custody just because the police has incorporated Section 452 of IPC in the final report. It is for the learned Magistrate to decide whether bail could be granted to the petitioners. The petitioners will have to surrender before the learned Magistrate and make application for bail. They will have to explain the reason for their absence in court. Anyway, let

Crl.M.C No.5768 of 2015 appropriate decision regarding bail be taken by the learned Magistrate. However, a direction can be made to consider and dispose of the application for bail on the date of surrender itself. In the result, this petition is closed with direction to the court below that in case the petitioners make application for bail on surrender in C.C No.653/2010, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. The petitioners are granted fifteen days time to surrender before the learned Magistrate. In the meantime, execution of the warrant of arrest will stand suspended.

P.UBAID JUDGE ab