High Court granted relief by directing Judicial First Class Magistrate, Kozhikode, to consider petitioner's bail application on the day of his surrender if he surrenders early in the working hour.
Orders Magistrate to consider bail application on day of surrender if surrendered early in working hours.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931
Crl.MC.No. 1244 of 2009()
------------------------CP.33/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE
PETITIONER(S): ACCUSED
----------------------
ANEESH S/O. BHASKARA KURUP, PUTHIYEDATH HOUSE, POST PUNNASSERY, VIA. NARIKUNI, KOZHIKODE.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S): COMPLAINANT & STATE
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1. T.A.VELAYUDHAN S/O. MOOTHORAN, THEKKE ALATHOTTATHIL HOUSE, KAKKOOR P.O., NADUVALLOOR AMSOM, RAMALLOOR DESOM, KOZHIKODE TALUK.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI. AMJAD ALI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1244 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009.
O R D E R
This petition is filed with a prayer to quash the entire proceedings in C.P.33/07 or in the alternative to issue a direction to the Judicial First Class Magistrate-III, Kozhikode to release the petitioner on bail in the even of his surrender. After hearing the learned counsel for the petitioner I am inclined to dispose of this petition with the following directions. If the petitioner surrenders before Court and moves an application for bail I direct the learned Magistrate to consider the bail application on the date of surrender itself and pass appropriate orders in accordance with law. In order to enable the Magistrate to do so surrender as well as filing of the bail application shall be done on the early hours of the working day.
The Crl.M.C. is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-
1 issue framed by the court
Whether to issue direction to Magistrate to consider bail application on day of surrender.
Aneesh S/o. Bhaskara Kurup
T.A. Velayudhan S/o. Moothoran
State of Kerala
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
