The High Court of Kerala directed the court below to consider and decide the petitioner's bail application on the date of her surrender or police production, with notice to the State, given her health concerns and warrant status.
Direction to the court below to consider and decide the bail application on the date of surrender or production.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939
Crl.MC.No. 8551 of 2017 ()
LP 12/2003 of ADDL.SESSIONS COURT-I, ALAPPUZHA
CRIME NO. 293/2000 OF AMBALAPPUZHA POLICE STATION, ALAPPUZHA
PETITIONER(S)/2ND ACCUSED:
PANDIYAMMA, W/O.NATARAJAN, AGED 43 YEARS, HOUSE NO-67, KORIYATHU, KOMBAITHOLU.P.O, THENI DISTRICT, TAMILNADU STATE.
BY ADV. SRI.P.VINODKUMAR
RESPONDENT(S):
THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SRI.C.M.KAMMAPPU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8551 of 2017 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS :- -----------------------
ANNEXURE 'A' : CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.293/2000 OF AMBALAPPUZHA POLICE STATION.
ANNEXURE B : TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY CITY HOSPITAL, DINDIGAL TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS :- NIL -----------------------
//TRUE COPY//
P.A. TO JUDGE
rkj
P.UBAID, J.
================================
Crl.M.C.No.8551 of 2017
================================ Dated this the 11th day of December, 2017
ORDER
The petitioner herein is the second accused in S.C.No.612 of 2003 of the Court of Session, Alappuzha. The case against her was transferred to the register of long pending cases, when she remained consistently absent, and it is now pending as LP No.12 of 2003 before the learned Additional Sessions Judge-I, Alappuzha. In view of the warrant of arrest and other steps against her, she wants to surrender before the learned trial Judge, but she apprehends remand to judicial custody. She seeks orders directing the trial court to consider and dispose of her application for bail on the date of surrender itself. Her case is that she has some serious ailments including intervertebral disc prolapse, and if she happened to be remanded to judicial custody, it will cause irreparable hardship, pain, and sufferings to her. The petitioner will have to surrender before the trial court in view of the warrant of arrest now pending against her. Anyway, this application is disposed of, with a direction to the court below that in case application for bail is filed by the petitioner
Crl.M.C.No.8551 of 2017
2
on surrender, or on production by the police on arrest, her application shall be considered and decided on the date of filing itself, however with notice to the other side.
Sd/-
P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether to direct the trial court to consider the petitioner's bail application on the date of her surrender or production.
PANDIYAMMA, W/O.NATARAJAN
THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
