The Court issued a direction to the Judicial First Class Magistrate to consider the petitioner's bail application expeditiously on the date of his surrender in an abkari offence pending committal proceedings.
Direction issued to the Magistrate to consider the bail application expeditiously on the date of surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934
Crl.MC.No. 2630 of 2012 ()
CP.62/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOTTARAKKARA
PETITIONER/ACCUSED:
ANILKUMAR
S/O.RAMAKRISHNAN, CHAVARUPARA KIZHAKKATHIL VEEDU CHEPRA MURI, ODANAVATTOM VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SMT. R. REMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
Crl.MC.No. 2630 of 2012 ()
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE A1: A TRUE COPY OF THE CRIME & OCCURRENCE REPORT IN C.R.54/2008 OF EZHUKONE EXCISE RANGE.
RESPONDENT'S ANNEXURE: NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
S.S.SATHEESACHANDRAN, J.
-----------------------------------------------
Crl.M.C No.2630 OF 2012 ------------------------------------------------------Dated this the 8th day of August, 2012
ORDER
Petitioner is the accused in a case involving abkari offence which is now pending in committal proceedings before the Judicial First Class Magistrate Court – I, Kottarakkara. While the investigation was on progress and also after commencement of the committal proceedings, on filing of the report after such investigation, petitioner/accused has remained at large. The limited prayer now canvassed for is issuing of a direction to the Magistrate to consider his application for bail on the date of his surrender. Having regard to the submissions made by the counsel and taking note that the case is now pending in committal proceedings, the following direction is issued.
In case the petitioner surrenders before the Magistrate within a period of ten days from today and advance notice on his application for bail has been given to the Assistant Public Prosecutor, the learned Magistrate shall consider the application for bail expeditiously, preferably, on the date of his surrender, if not prevented by any exceptional circumstance.
Crl.M.C No.2630/2012
2
I make it clear that the direction given as above shall not be construed as placing any impediment to the Magistrate in deciding the bail application on its merits in accordance with law. Petition is disposed of.
vdv S.S.SATHEESACHANDRAN, JUDGE
1 issue framed by the court
Whether to issue a direction to the Magistrate to consider the petitioner's bail application expeditiously on the date of his surrender.
Anilkumar
State of Kerala
S.S.Satheesachandr
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
