Sunilkumar v. 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, 1937H Crl.MC.No. 5865 of 2015 --------------------------- SC 568/2013 of ADDL. SESSIONS COURT (TRAIL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN) CRIME NO. 16/2013 OF THADIYITTAPARAMBU POLICE STATION , ERNAKULAM PETITIONER(S):

---------------- SUNILKUMAR AGED 32 YEARS, S/O SHIVARAMAN, MELETHU PRAMABIL HOUSE, VAZHAKULAM VILLAGE, VAZHAKULAM KARA, ERNAKULAM DISTRICT.

BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S):

---------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR M.T. SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - Crl.M.C. 5865 of 2015 - - - - - - - - - - - - - - - - Dated 21st August, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

ORDER

1.

The petitioner herein is the 2nd accused in crime No.16 of 2013 of Thadiyittaparambu police station now pending as S.C.568 of 2013 on the file of the Additional Sessions Court (Trial of cases relating to Atrocities and Sexual Violence against women and Children), Ernakulam.

2.

It is submitted that the petitioner was arrested and he was later enlarged on bail by the Sessions Court. As the petitioner was unable to appear before the Court below pursuant to that, as he was out of station in connect with his job, his bail bond was cancelled and non bailable warrant has been issued as against him. It is further stated that on

Crl.M.C.5865/15 20.7.2015, the Court below initiated 82 and 83 steps against him and the case now stands posted to 16.10.2015. The prayer in this case is to issue necessary directions to the learned Sessions Judge to consider the bail application filed by him in the above case notwithstanding the pendency of the non bailable warrant as against him.

3.

Heard the learned counsel appearing for the petitioner as also the learned Public Prosecutor. 4.

In view of the facts and circumstances of the case, the Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Sessions Judge and to file application for regular bail within a period of two weeks from the date of this order with advance notice to the learned Public Prosecutor. In case he does so, the bail

Crl.M.C.5865/15 application shall be considered and disposed of on merits, preferably on the same day itself, uninfluenced by the warrants, if any, pending as against him.

SD/- RAJA VIJAYARAGHAVAN.V.

Judge Mrcs //True Copy// P.S.To Judge