Kerala High Court
C.K. Divakaran vs State Of Kerala / Sub Inspector Of Police
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 23RD DAY OF JULY 2012/1ST SRAVANA 1934
Crl.MC.No. 2549 of 2012 ()
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CC.1730/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THRISSUR
CRIME NO. 730/2010 OF ANTHIKKAD POLICE STATION
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PETITIONER / 2ND ACCUSED :
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C.K. DIVAKARAN,
S/O.KOCHUNNI, AGED 45 YEARS, CHAZHIKULAM HOUSE
KOTTAPURAM VILLAGE, KONDANNUR P.O.
THRISSUR DT.
BY ADV. SRI.SHOBY K.FRANCIS
RESPONDENT/STATE :
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STATE OF KERALA / SUB INSPECTOR OF POLICE,
ANTHIKKAD POLICE STATION
ANTHIKKAD P.O., THRISSUR DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-07-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 2549 of 2012 ()
APPENDIX
PETITIONER'S ANNEXURE :
ANNEXURE A : COPY OF THE PROCLAMATION NOTICE UNDER SECTION 82 OF
CRIMINAL PROCEDURE CODE DATED 6-4-11 ISSUED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT II, THRISSUR TO THE PETITIONER.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
S.S.SATHEESACHANDRAN, J.
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Crl.M.C No.2549 OF 2012
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Dated this the 23rd day of July, 2012
ORDER
Petitioner is one among the accused (A2) in C.C No.1730/2010 on the file of Judicial First Class Magistrate Court -II, Thrissur. He is being prosecuted with another for offences punishable under Sections 341 and 324 r/w Section 34 of Indian Penal Code. At present, a nonbailable warrant issued against the petitioner is pending for execution, is the submission of the counsel. Petitioner is employed in a Gulf country, is the further submission of his counsel. It is submitted that the petitioner intends to come over to the country within two weeks and in view of the warrant issued by the court he apprehends of his arrest and incarceration. Limited prayer canvassed by the counsel is for issue of a direction to the Magistrate to consider his bail application on the date of his surrender. Having regard to the submissions made by the counsel and taking note of the facts and circumstances presented, the following direction is issued. Crl. M.C No.2549/2012 2
In case the petitioner surrenders before the Magistrate within a period of three weeks from today and advance notice on his bail application is given to the Assistant Public Prosecutor, the learned Magistrate shall consider his application for bail expeditiously, preferably, on the date of his surrender, if not prevented by any exceptional circumstances. I make it clear that the direction given as above shall not be construed as placing any impediment to the Magistrate in deciding the application for bail on its merits and in accordance with law.
Petition is disposed of.
vdv S.S.SATHEESACHANDRAN, JUDGE