Kerala High Court
Sajeesh vs State Of Kerala on 27 September, 2012
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934
Crl.MC.No. 3076 of 2012
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IN LP.62/2011 of J.M.F.C.,MALAPPURAM
PETITIONER/6TH ACCUSED: -
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SAJEESH,
S/O.NARAYANAN,
THEKKUMKARA,
BINDHU NIVAS,
KARUVAMBRAM WEST, MANJERI,
NOW RESIDING AT PSN QUARTERS,
NEAR MALIYEKKAL BUILDING,
MALAPPURAM.
BY ADVS.SRI.SIBY MATHEW
SRI.PHILIP J.VETTICKATTU
RESPONDENT/COMPLAINANT:-
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STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE
MALAPPURAM POLICE STATION, MALAPPURAM.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DMR/-
S.S.SATHEESACHANDRAN,J.
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Crl.M.C. NO. 3076 of 2012
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Dated this the 27th day of September, 2012
ORDER
Petitioner is one among the accused in a crime case registered at Malappuram Police Station. After investigation of the crime final report was laid before the magistrate indicting the accused persons, including the petitioner, for the offence under Section 420 read with Section 34 of the Indian Penal Code. Learned counsel for petitioner submits that when cognizance of the offence was taken and proceedings followed, petitioner alone appeared and he was enlarged on bail. However, later he did not appear and the case against him was included among the long pending cases, numbered as L.P. No.62/2011, on the file of the Judicial First Class Magistrate Court, Malappuram. The other accused in the case are still absconding, is the further submission of the counsel. Limited prayer canvassed by the counsel is for issue of a direction to the magistrate to consider the application for bail of the petitioner on the date Crl.M.C. NO. 3076 of 2012 2 of his surrender. Having regard to the submissions made and taking note of the facts and circumstances presented, the following direction is issued.
In case, the petitioner surrenders before the magistrate within a period of two weeks from today and advance notice on his bail application has been given to the Assistant Public Prosecutor, the learned magistrate shall consider such application, expeditiously, preferably, on the date of his surrender.
I make it clear that the direction given as above shall not be construed as placing any impediment to the magistrate in deciding the bail application on its merits in accordance with law.
Proceedings, if any, taken against the petitioner/accused on forfeiture of the bond previously executed by him can be continued and disposed of in accordance with the procedure covered by the Code of Criminal Procedure.
Crl.M.C. is disposed of.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-