The Kerala High Court directed the trial court to consider the bail application of two accused persons on the date of their surrender, keeping the non-bailable warrant in abeyance during the hearing period.
Directed the trial court to consider bail applications on the date of surrender and keep the non-bailable warrant in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935
Crl.MC.No. 847 of 2014 ()
-------------------------CRIME NO. 170/2008 OF KUDIYANMALA POLICE STATION , KANNUR DISTRICT
PETITIONER(S)/ACCUSED NOS.1 & 2:
1. RASHEED ALAKANDI, S/O.MOIDEEN,AGED 36 YEARS, ALAKANDI HOUSE, NADUVIL AMSOM, ATTUKULAM, KANNUR DISTRICT.
2. K.SIDDIQUE, S/O.ABDULLA,AGED 37 YEARS, KARUTHANDEERAKATH HOUSE,
NADUVIL AMSOM,MELEVILAKKANOOR, KANNUR DISTRICT.
BY ADV. SRI. BINDU.O.V.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, (CRIME NO.170/2008 OF KUDIYANMALA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 847 of 2014 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE-I: COPY OF THE F.I.R. IN CRIME NO.170/2008 OF KUDIYANMALA POLICE STATION DATED 06.10.2008.
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
HARUN-UL-RASHID, J.
Crl.M.C. No.847 of 2014
Dated this the 24th day of January 2014.
O R D E R
Heard the learned counsel for the petitioners and respondents.
In the facts and circumstances, the Crl.M.C is disposed of, directing the Judicial First Class Magistrate Court, Taliparamba to consider and pass orders on the bail application on the date of surrender itself in the event of the petitioners surrendering before the court below and submitting an application for bail with prior notice to the Assistant Public Prosecutor within a period of three weeks from today. The non-bailable warrant issued shall be kept
in abeyance till the bail application is heard and dispose of.
Sd/-
HARUN-UL-RASHID,
Judge.
AL/-
True copy
P.A to Judge
1 issue framed by the court
Whether the High Court can direct the trial court to consider a bail application on the date of the accuseds surrender.
Rasheed Alakandi
K. Siddique
State of Kerala
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
