Petitioners facing arrest warrant sought direction for bail consideration on surrender date. Court directed trial court to hear bail application immediately upon surrender.
Direction to the learned Magistrate to consider and decide the bail application on the date of surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 19TH DAY OF SEPTEMBER 2014/28TH BHADRA, 1936
Crl.MC.No. 5253 of 2014
AGAINST CC 648/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR CRIME NO. 1/2009 OF PARAMBIKULAM FOREST RANGE OFFICE, PALAKKAD
PETITIONERS:
1. PALANISWAMY, AGED 32 YEARS, S/O.CHINNANDI, 1114, KERANGKADU, PERIYAKALRAYANMALAI KEELNADU, ATTOOR TALUK, SALEM DISTRICT, TAMILNADU STATE.
2. SUBRAMANI, AGED 53 YEARS, S/O.SANDAIYAN, 4/1160, KIRANGAADU PERIYAKALRAYANMALAI KEELNADU, ATTOOR TALUK, SALEM DISTRICT, TAMILNADU STATE.
3. MUTHUSWAMY, AGED 47 YEARS, S/O.AANADI, 1159, PERIYAKALRAYANMALAI KEELNADU, ATOOR TALUK, SALEM DISTRICT, TAMILNADU STATE.
4. RAJAMANICKAM, AGED 31 YEARS,
5. JAYARAMAN, AGED 44 YEARS,
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE RANGE OFFICER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5253 of 2014 ------------------------
APPENDIX
PETITIONERS' ANNEXURES: ----------------------ANNEXURE A1. COPY OF THE REPORT CUM CHARGE SHEET.
ANNEXURE A2. COPY OF THE PHOTO IDENTITY CARD OF THE IST PEITIONER.
ANNEXURE A3. COPY OF THE PHOTO IDENTITY CARD OF THE 2ND PEITIONER. ANNEXURE A4. COPY OF THE PHOTO IDENTITY CARD OF THE 3RD PEITIONER. ANNEXURE A5. COPY OF THE PHOTO IDENTITY CARD OF THE 4TH PEITIONER.
ANNEXURE A6. COPY OF THE PHOTO IDENTITY CARD OF THE 5TH PEITIONER.
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J.
--------------------------------------Crl.M.C No.5253 of 2014
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Dated this the 19th day of September, 2014
O R D E R
On the apprehension of arrest in execution of warrant issued from the Judicial First Class Magistrate Court, Chittur in C.C.No.648/2010, and consequent remand to judicial custody, the petitioners herein, who are accused Nos.3 to 6 and 8 in the said case, seek a direction to the learned Magistrate to consider and dispose of their application for bail on the date of surrender itself. Of course this Court cannot usurp into the jurisdiction of the trial court which has issued warrant of arrest for proper and legal reasons. The petitioners will have to surrender before the learned Magistrate and explain their absence throughout. It is submitted that they are not the real persons mentioned by the Forest Range Officer in his complaint. Thus they dispute identity. This is also a matter to be looked into and decided by the trial court. Anyway, a direction can be made to the learned Magistrate to consider and dispose of the application for bail on the date of surrender itself.
In the result, this Crl.M.C is closed with a direction to
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Crl.M.C No.5253 of 2014
the learned Magistrate (Judicial First Class Magistrate, Chittur), that in case application for bail is filed by the petitioners, on surrender, in C.C.No.648/2010, the same shall be heard and decided on the date of surrender itself, however with notice to the Assistant Public Prosecutor.
P.UBAID JUDGE
ab
1 issue framed by the court
Whether the High Court can direct the trial court to consider bail applications on the date of surrender to avoid arrest warrants.
PALANISWAMY
SUBRAMANI
MUTHUSWAMY
RAJAMANICKAM
JAYARAMAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
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