Court disposed of criminal miscellaneous petition seeking direction to consider bail application. Ordered surrender within two weeks to recall warrant and grant bail on merits, keeping coercive proceedings in abeyance.
Accused to surrender within two weeks; Magistrate to recall warrant and decide bail on merits; coercive proceedings stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938
Crl.MC.No. 2644 of 2016 ()
--------------------------CC.NO. 147/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA
PETITIONER/ACCUSED :
P.K.SKARIA, S/O.KURIAKOSE, AGED 60 YEARS, PAZHAYIDATHU VEEDU, MUTTOM P.O., IDUKKI DISTRICT.
BY ADV. SRI.JOHNSON MANAYANI
RESPONDENT(S)/COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION,
THODUPUZHA P.O., IDUKKI DISTRICT.
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 2644 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX-A1: THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER'S COUNSEL BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE THODUPUZHA IN C.C.147 OF 2012 DATED 5.2.2016.
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
sts
RAJA VIJAYARAGHAVAN V., J.
Crl.M.C. No.2644 of 2016
Dated this the 27th day of May, 2016
O R D E R
The petitioner herein is the sole accused in C.C. No.147 of
2012 on the file of the Chief Judicial Magistrate Court, Thodupuzha. He is being prosecuted for the offences punishable under sections 193, 205, 207, 209 and 471 of the IPC.
Crl.M.C. No.2644/2016
2
application for recalling warrant and grant of bail with advance notice to the prosecutor concerned, the learned Magistrate is directed to dispose of the same on its merits uninfluenced by the warrants, if any, pending as against him. Coercive proceedings as against the petitioner shall be kept in abeyance till then.
The petition is disposed of as above.
RAJA VIJAYARAGHAVAN V., (JUDGE)
vps
2 issues framed by the court
Whether to direct the accused to surrender and consider bail application without influence of pending warrants.
To stay coercive proceedings till disposal of bail application on merits.
P.K. SKARIA
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
