Criminal Miscellaneous petition filed under Section 482 CrPC seeking bail direction and warrant removal. Court held no direction needed as Magistrate can independently decide bail upon surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931
Crl.MC.No. 177 of 2010()
---------------------------------CC.567/2007 NOW PENDING AS L.P.NO.73/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY ....................
PETITIONER/ACCUSED
---------------------------------
RAMACHANDRAN, S/O.RAMANKUTTY, AGED 33 YEARS, MELUPARATH, PATTIPARAMBU, THIRUVILLUAMALA.
BY ADV. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK.
RESPONDENT/COMPLAINANT
--------------------------------------------
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR.P.A. SALIM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 177 OF 2010
===========================
Dated this the 19th day of January,2010
ORDER
Petitioner is the accused in C.C.567/2007 now pending as L.P.73/2008 on the file of Judicial First Class Magistrate Court, Wadakkanchery. A non bailable warrant is pending. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to enlarge the petitioner on bail on the date of surrender.
application for bail, it is for the Magistrate to decide whether petitioner is to be released on bail or not without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence no
Crl.M.C.177/2010 2
direction is warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether to issue a direction to the Magistrate to enlarge the petitioner on bail.
Whether to quash the non-bailable warrant pending against the petitioner.
1 provisions across 1 enactments
RAMACHANDRAN
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
