The Kerala High Court permitted the 3rd accused to surrender before the Magistrate and apply for regular bail within two weeks. The court directed that bail be considered on merits despite pending non-bailable warrants.
Permitted surrender before Magistrate and application for regular bail within two weeks; bail to be considered on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929
Crl.MC.No. 852 of 2008()
PETITIONER: 3RD ACCUSED:
SUDHEER, AGED 28 YEARS, S/O.PAREED, THAZHATHU VEEDU, NELLIKUZHI P.O.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS: COMPLAINANT & STATE:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 852 of 2008**
*** * * * * * * * * * * * * * * * * * Dated: 3**rd day of March 2008
ORDER
Petitioner who is the 3rd accused in Crime No. 238 of 2001 of Kothamangalam Police Station for offences punishable under Sec. 354 read with Section 34 I.P.C. and whose case is now pending before the J.F.C.M. Kothamangalam as C.C. No. 849 of 2007 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself.
Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance.
Sd/-V. RAMKUMAR, (JUDGE)
ani
/true copy/
ani.
3 issues framed by the court
Whether a direction can be issued to release the 3rd accused on bail upon surrender despite pending non-bailable warrants.
Whether the petitioner can file a bail application within two weeks of this order.
Whether the bail application shall be considered on merits notwithstanding the pendency of N.B.W.
1 provisions across 1 enactments
SUDHEER
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
