Jinesh Krishnan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Crl.MC.No. 7208 of 2015 ------------------------ IN SC 355/2013 OF THE ADDL.DISTRICT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN) CRIME NO. 338/2012 OF NORTH PARUR POLICE STATION, ERNAKULAM PETITIONER/ACCUSED:
------------------ JINESH KRISHNAN, AGED 32 YEARS, S/O.GOPALAKRISHNAN, ALINGAPOKKAM HOUSE, NEAR SANTHI MADOM, KIZHAKKEPRAM, VANIYAKKAD, THTHAPILLY.
BY ADVS.SRI.T.PRAVEEN SRI.SANIL KUNJACHAN RESPONDENT:
------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7208 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF THE FIR IN CRIME NO.338/2012 OF NORTH PARAVUR POLICE STATION.
ANNEXURE A2: COPY OF THE ORDER IN CRL.M.C NO.1524/2012 DATED 25.7.2012 ANNEXURE A3: COPY OF THE COURT CHARGE IN S.C NO.355/2013, S.C NO.16/2014 AND S.C NO.17/2014 ANNEXURE A4: COPY OF THE REGISTERED NOTICE DATED 31.10.2015 RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7208 of 2015 --------------------------------------- Dated this the 13th day of November, 2015 O R D E R The petitioner herein is the accused in S.C No.355/2013 of the Additional District and Sessions Court, Ernakulam (Trial of cases relating to Atrocities and Sexual Violence against Women and Children). On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to consider and dispose of his application for bail, on the date of surrender itself. The learned Sessions Judge, who has issued warrant of arrest for proper reasons, will have to consider the request for bail.
It is for the learned Sessions Judge to decide whether bail could be granted to the petitioner. The petitioner will have to surrender before the learned Sessions Judge and make application for bail. He will have to explain the reason for his absence in court. Anyway, let appropriate decision regarding bail be taken by the learned Sessions Judge.
Crl.M.C No.7208 of 2015 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 petitioner makes application for bail on surrender in S.C No.355/2013, the same shall be judiciously considered and decided, on the date of surrender itself, however, with notice to the other side. Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab