M/S.Bayland Vacations Pvt Ltd v. M/S.Speed Wings Travels And Cargo(P)Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 OP(Crl.).No. 93 of 2015 (Q) ---------------------------- CC.NO. 43/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, ERNAKULAM ----------------- ORIGINAL PETITIONER(S)/ACCUSED :
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1. M/S.BAYLAND VACATIONS PVT LTD., G-289, IST FLOOR, MAIN AVENUE, PANAMPILLY NAGAR, KOCHI-682 036, REP. BY ITS MANAGING DIRECTOR MR. PRAKASH KUMAR.
2. MR. PRAKASH KUMAR, S/O.JANARDANAN PILLAI, AGED 50 YEARS, MANAGING DIRECTOR, M/S. BAYLAND VACATIONS PVT LTD., G-289, 1ST FLOOR, MAIN AVENUE, PANAMPILLY NAGAR, KOCHI-682 0376 BY ADVS.SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY RESPONDENT(S)/DEFACTO COMPLAINANT :
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1. M/S.SPEED WINGS TRAVELS AND CARGO (P) LTD., RAVIPURAM, KOCHI-682 016, REP. BY ITS LAISON OFFICER, MR. SEBASTIAN.K.A.
2. THE STATION HOUSE OFFICER, HARBOUR POLICE STATION, WILLINGTON ISLAND, KOCHI-682 012
3. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR.
R2 & R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(Crl.).No. 93 of 2015 (Q) APPENDIX PETITIONER'S EXHIBITS:
P1 COPY OF THE PETITION TO CONDONE THE DELAY BEARING C.M.P.NO.3975/2008 ON THE FILES OF THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.
P2 COPY OF THE PETITION FILED BY THE COUNSEL FOR THE PETITIONERS DATED 18/03/2015 RESPONDENT'S EXHIBITS:
NIL /TRUE COPY/ P.A.TO.JUDGE sts
P.UBAID, J.
------------------------- O.P(Crl.) No. 93 of 2015 --------------------------------------- Dated this the 19th day of March, 2015.
J U D G M E N T
The petitioners herein are the accused in C.C No.43 of 2012 of the Judicial First Class Magistrate Court-VII, Ernakulam. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court they seek orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to recall the warrant and to release them on bail. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request to recall the warrant. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. The petitioners will have to surrender before the court below and make application for bail. Anyway, let 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. It is submitted that they could not make prompt appearance
O.P(Crl.) No. 93 of 2015 only because this was by the time transferred from the court where it was filed. This fact will have to be considered by the trial court.
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.43 of 2012, the same shall be judiciously considered and decided, on the date of surrender itself.
Sd/- P.UBAID, JUDGE sab