Disposed

Rameshan @ Podi v. the Sub Inspector, Chittar

Kerala HC18 Jun 2013Crl.MC/2453/2013

Case brief

AI extract

What is this about?

The Court disposed of a Criminal Misc. Case where the petitioner sought directions to the trial court to consider his bail application. It held that seeking regular bail before the trial court is the correct procedure.

What did the court decide?

Petitioner directed to approach the trial court for regular bail; Trial court directed to consider bail application if petitioner surrenders.

Rameshan @ Podi Vs the Sub Inspector, Chittar — Bail and Remand | Kerala HC (2013)

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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.K.MOHANAN

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TUESDAY, THE 18TH DAY OF JUNE 2013/28TH JYAISHTA 1935

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Crl.MC.No. 2453 of 2013

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---------------------------------[CRIME NO. 94/2013 OF CHITTAR POLICE STATION , PATHANAMTITTA DISTRICT]

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PETITIONER/ACCUSED NO.1:

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RAMESHAN @ PODI, AGED 24 YEARS, S/O. GOPINATHAN, PUTHENPURAYIL HOUSE, KOCHUKOICKAL, CHITTAR - SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.V.SETHUNATH,

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SRI.S.JUSTUS.

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RESPONDENTS/COMPLAINANT/STATE :

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1. THE SUB INSPECTOR CHITTAR POLICE STATION, PATHANAMTHITTA DISTRICT.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-06-2013, THE COURT ON THE SAME DAY P ASSED THE FOLLOWING:

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Prv.

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CRL.M.C. NO.2453/2013:

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APPENDIX

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PETITIONER'S ANNEXURE:

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ANNEXURE 1 : COPY OF THE F.I.R & F.I.S IN CRIME NO.94/2013 OF CHITTAR POLICE STATION.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

V.K.MOHANAN, J.

Crl.M.C.No.2453 of 2013

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Dated this the 18^th day of June, 2013.

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O R D E R

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The petitioner is the first accused in Crime No.94/13 of Chittar police station for the offence punishable under section 452, 294(b), 324 and 427 of IPC. He preferred this petition under section 482 of Cr.P.C. on the apprehension that in case he surrenders before the court below, he is likely to send to jail and therefore he prays that a direction may be issued to the learned Magistrate to consider his bail application.

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Heard the counsel for the petitioner and the learned Public Prosecutor.

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According to the learned counsel, originally the crime was registered only for the offence under sections 452 and 294(b), 324 and 427 of IPC, but section 379 was subsequently incorporated. But prior to the incorporation

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Crl.M.C.No.2453 of 2013

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of the offence under section 379 of IPC, the 2^nd accused in the above crime got bail and at that time, the petitioner was not available. Therefore, the learned counsel submits that in case the petitioner appear before the court below, he is likely to remanded in judicial custody. According to me, it is for the petitioner to approach the trial court and seek regular bail.

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In the result, this M.C. is disposed of relegating the petitioner to approach the trial court and it is for him to surrender before the court below, if he is advised so and seek regular bail, and accordingly there will be a direction to the court of Judicial First Class MagistrateRanni, that in the event of the surrender of the petitioner and submitting the application seeking regular bail, the same shall be considered on merit and pass appropriate orders on the date of his surrender itself.

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Sd/- V.K.MOHANAN, Judge

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ami/

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//True copy//

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P.A. to Judge

Rameshan @ Podi v. the Sub Inspector, Chittar

Case brief

What is this about?

What did the court decide?

Rameshan @ Podi v. the Sub Inspector, Chittar

Case brief

What is this about?

What did the court decide?

What the court decided

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