Disposed

Sree Murukan v. State of Kerala

Kerala HC13 Jan 2016Crl.MC/192/2016

Case brief

AI extract

What is this about?

Petitioner, an accused apprehending arrest, moved this Court to recall the warrant and consider an application for bail. The Court directed the trial Magistrate to recall the warrant, consider the bail application on the date of surrender, and suspended the warrant's execution pending surrender.

What did the court decide?

Direction to the court below to recall the warrant and dispose of the bail application on the date of surrender. Warrant of arrest execution suspended. Two weeks time granted to surrender.

Sree Murukan Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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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 P.UBAID

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WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937

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Crl.MC.No. 192 of 2016 ()

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AGAINST IN CC 6/2006 of J.M.F.C. - I, NORTH PARAVUR

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PETITIONER(S)/ACCUSED NO.2:

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SREE MURUKAN AGED 31 YEARS S/O. SUTHAN, KURUPPUMKADA HOUSE, PARAYAKAD KARA PARAVUR VILLAGE.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN

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SRI.V.VINAY

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682031 CRIME NO. 338/2002 OF VADAKKEKARA POLICE STATION ERNAKULAM DISTRICT.

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BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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--------------------------------------Crl.M.C No.192 of 2016 ---------------------------------------

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Dated this the 13^th day of January, 2016

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O R D E R

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The petitioner herein is the second accused in C.C No.6/2006 of the Judicial First Class Magistrate Court, North Paravur. 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 recall the warrant and to consider and dispose of his application for bail, on the date of surrender itself. The learned Magistrate who has issued warrant of arrest for proper reasons, will have to consider the request to recall the warrant. It is for the learned Magistrate to decide whether bail could be granted to the petitioner. 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

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Crl.M.C No.192 of 2016

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dispose of the application for bail on the date of surrender itself. It is submitted that the specific allegation against the petitioner herein will come only under Section 323 IPC. This aspect will also be considered by the learned Magistrate.

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In the result, this petition is disposed of with direction to the court below that in case the petitioner makes application for bail on surrender in C.C No.6/2006, the same shall be judiciously considered and decided, on the date of surrender itself. The petitioner is granted two weeks time to surrender before the learned Magistrate and make application for bail. In the meantime, execution of the warrant of arrest will stand suspended.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Sree Murukan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sree Murukan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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