In a criminal miscellaneous petition filed under Section 482 Cr.P.C. to quash an FIR and Final Report, the High Court disposed of the matter by permitting the absent petitioner to surrender within two weeks and file a bail application on merits.
Petitioner permitted to surrender within two weeks and file a bail application without influence of pending warrants.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938
Crl.MC.No. 1886 of 2016 ()
LP. NO.8/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM, IDUKKI DISTRICT.
CR. NO. 32/2012 OF UDUMBANCHOLA EXCISE RANGE.
PETITIONER/ACCUSED:
LALU, S/O.DEVASIA, AGED 51 YEARS, KIZHAKKAYIL HOUSE, KUTHUMKAL P.O., KANTHIPPARA VILLAGE, UDUMBANCHOLA TALUK.
BY ADVS.SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SMT.MEGHA K.XAVIER.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1886 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 1886 of 2016
ORDER
This petition is filed under Section 482 of the Cr.P.C. seeking to quash Annexures A1 and A2 which are the FIR and Final Report respectively in C.R.No.32 of 2012 of the Udumbanchola Excise Range. When the matter came up for hearing it is submitted by the learned counsel that in view of the settled pronouncement of this Court covering the issue, the petitioner is not intending to prosecute the instant petition.
Crl.M.C. No. 1886 of 2016 -2-
Court will not by justified in directing the enlargement of the petitioner on bail without ascertaining the circumstances under which the petitioner remained absent before the learned Magistrate.
Accordingly this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and to file an application for regular bail within a period of two weeks from today with advance notice to the Assistant Public prosecutor. In case he does so, his bail application shall be considered and disposed of on merits preferably on the same date on which the petition is filed and uninfluenced by the warrants, if any, pending against him.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-19.5.16
2 issues framed by the court
Whether the petitioner, who is absent and has pending non-bailable warrants, should be permitted to surrender and file a bail application without immediate arrest.
Whether this Criminal Miscellaneous Petition under Section 482 CrPC should be disposed of by permitting surrender and conditional filing of bail.
1 provisions across 1 enactments
Lalu
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
