Allowed

Ganesh v. State of Kerala

Kerala HC21 May 2010Crl.MC/873/2010

Case brief

AI extract

What is this about?

Petitioner, an accused in an Immoral Traffic case with pending non-bailable warrants, sought direction to surrender and file a regular bail application. The Court permitted surrender and mandated filing a bail application within two weeks, ensuring consideration on merits despite pending warrants.

What did the court decide?

Petitioner permitted to surrender and file regular bail application within two weeks; bail to be considered on merits despite pending warrants.

Ganesh Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932

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Crl.MC.No. 873 of 2010(D)

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-----------------------------------[CC.NO88/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD]

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PETITIONER/ACCUSED:

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----------------------------------

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GANESH, S/O.RADHAKRISHNAN, KALLMPOTHAYIL VEEDU, PUTHUVILLAI GRAMAM, THALAKULAM, KANYAKUMAR DISTRICT.

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BY ADVS. SRI.V.R.GOPU, SRI.J.NARAYANA PILLAI.

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RESPONDENTS/COMPLAINANT:

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----------------------------------------------

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1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM.

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2. ASSISTANT COMMISSIONER, CONDONMENT SUB DIVISION, THIRUVANANTHAPURAM.

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R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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V. RAMKUMAR, J.

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= = = = = = = = = Crl.M.C. No.873 of 2010 = = = = = = = = = = = Dated: 21^st day of May, 2010

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ORDER

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Petitioner who is the second accused in Crime No. 31/96 of Vattiyoorkavu Police Station for an offence punishable under Sections 6(1) (b) of the Immoral Traffic (Prevention) Act and whose case is now pending before the Judicial First Class Magistrate Court-II, Nedumangad as C.C No.88 of 2008 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself.

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Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those non-bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the J.F.C.M. and seeks regular bail.

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Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and

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Crl.M.C. No.873 of 2010

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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 nonappearance and also after considering the fact that the coaccused in the case have been acquitted after trial in C.C.No.444/2003.

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Dated this the 21^st day of May, 2010

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V. RAMKUMAR, (JUDGE)

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dmb

Ganesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ganesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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