Disposed

George Thomas v. the State of Kerala

Kerala HC28 Jul 2016Crl.MC/4578/2016

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What is this about?

acknowledged that the petitioner failed to appear leading to a non-bailable warrant. The High Court held that this Court would not interfere with the Magistrate's discretion but directed the petitioner to surrender within two weeks to apply for recall of the warrant and bail. The application must be considered on merits without influence of the warrant, and coercive proceedings must be stayed. Pet

What did the court decide?

Directed petitioner to surrender within 2 weeks and prefer application for recall of warrant and bail; Magistrate directed to consider it on merits without influence of warrant and stay coercive proce

George Thomas Vs the State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938

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Crl.MC.No. 4578 of 2016 ()

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--------------------------CC 230/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA

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PETITIONER(S)/ACCUSED: ---------------------

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GEORGE THOMAS, AGED 67 YEARS, KOCHIYIL PULIMOOTTIL HOUSE, ANJILITHANAM, KUNNAMTHANAM VILLAGE.

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BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR

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RESPONDENT(S):

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THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN.V, J

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Crl.M.C. No.4578 of 2016

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Dated this the 28^th day of July, 2016

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O R D E R

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1.The petitioner, who is the sole accused in C.C.No.230 of 2012 on the file of the Judicial Magistrate of First Class Court, Thiruvalla, has preferred this petition under Section 482 of the Code of Criminal Procedure seeking a direction to the learned Magistrate to consider his application for recall of warrant and for grant of bail. For the failure of the petitioner to appear before the learned Magistrate, non bailable warrant has been issued against him. The petitioner seeks for issuance of appropriate directions to the learned Magistrate to consider his application for recall of warrant and grant of bail on the date of surrender itself and to grant him bail.

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Crl.M.C.4578/2016 2

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2.It was owing to the contumacious conduct of the

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petitioner, that Non Bailable Warrant was issued against him to secure his presence before the court below. This court in exercise of powers under Section 482 of the Code of Criminal Procedure will not be justified in interfering with the discretion of the learned Magistrate in granting bail.

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3.It is for the petitioner to approach the learned Magistrate and appraise the reasons for his absence and to seek for recalling the warrant and grant of bail. There is no reason for this Court to assume that the learned Magistrate will not exercise his discretion judicially and in accordance with law.

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4.In the result, the petitioner is directed to surrender before the trial court within 2 weeks from the date of this order and prefer application for recall of warrant and also for grant of bail with advance notice to the

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Crl.M.C.4578/2016

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prosecutor concerned. In that event the learned

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Magistrate is directed to consider and dispose of the said application, uninfluenced by the pendency of the warrant, preferably on the same day itself, on its merits and in accordance with law. Coercive proceedings, if any, initiated against the petitioner shall be kept in abeyance.

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Petition is disposed off as above.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

George Thomas v. the State of Kerala

Case brief

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George Thomas v. the State of Kerala

Case brief

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