This petition challenged the apprehension of arrest and remand. The High Court directed the lower court to consider and decide the bail application on the date of the petitioner's surrender, subject to notice to the opposite party.
Direction to the court below to consider and decide the bail application on the date of the petitioner's surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937
Crl.MC.No. 6160 of 2015 ()
CP 71/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM CRIME NO. 155/2013 OF KAYAMKULAM POLICE STATION , ALAPPUZHA DISTRICT
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PETITIONER/3RD ACCUSED:
LIJU OMMEN, AGED 38 YEARS S/O. OOMMEN, EBENAZER PUTHEN VEEDU PUNNAMOOD, MAVELIKKARA
BY ADVS.SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.6160/2015
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE-1 COPY OF THE MEDICAL RECORDS
RESPONDENT'S EXHIBITS
NIL
TRUE COPY P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C.No.6160 of 2015
Dated this the 15th day of September, 2015
The petitioner herein is the 3rd accused in C.P. No.71/2015 of the Judicial First Class Magistrate Court-I, Kayamkulam. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below he seeks orders from this Court under Section 482 of the Code of Criminal Procedure directing the court below to decide and dispose of his application for bail, without delay. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request for bail. The petitioner will have to surrender before the learned Magistrate and make application for bail. He will have to explain the reason for his absence in court. Anyway, let appropriate decision regarding bail be taken by the learned Magistrate. However, a direction can be made to consider and dispose of the application for bail on the date of surrender itself.
In the result, this petition is disposed of with direction to the
2
Crl.M.C. No. 6160/2015
court below that in case the petitioner makes application for bail on surrender in C.P. No.71/2015 of the Judicial First Class Magistrate Court-I, Kayamkulam, the same shall be judiciously considered and decided on the date of surrender itself, however, with notice to the other side.
Sd/-
P. UBAID, JUDGE
sd
1 issue framed by the court
Whether to direct the lower court to dispose of the bail application on the date of the petitioner's surrender.
LIJU OMMEN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
