Kerala High Court
P.D.Jose vs State Of Kerala on 26 March, 2012
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
MONDAY, THE 26TH DAY OF MARCH 2012/6TH CHAITHRA 1934
Crl.MC.No. 949 of 2012 ()
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CRIME NO.24/2012 OF ARALAM POLICE STATION, KANNUR DISTRICT.
PETITIONER(S)/PETITIONER/ACCUSED:
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P.D.JOSE,
PAVARINJAN, ARALAM P.O., KANNUR DISTRICT.
BY ADV. SRI.C.P.PEETHAMBARAN
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
amk
P.S.GOPINATHAN, J
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Crl.M.C.No. 949 OF 2012
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Dated this the 26th day of March, 2012.
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in Crime No.24/2012 of Aralam Police Station, Kannur for offences under Sections 341, 354, 294(b) and 506(ii) IPC and Sections 3(i) (xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 seeks an order directing the Judicial Magistrate of the First Class, Mattannur to consider his application for bail on the date of surrender in the light of the decision in Sanu Vs. State of Kerala (2003) KLT 452 and Ali Vs. State of Kerala (2002) KLT 280.
Crl.M.C.No. 949 OF 2012 2
2. Having heard, I find no material to come to a conclusion that the petitioner would not get just and fair disposal of his application for bail. Therefore, this petition is a misconceived one. However, this petition is disposed of with direction to the petitioner to surrender before the committal court and apply for bail which the learned Magistrate shall dispose of on merits preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. The petitioner is at liberty to refer the decisions mentioned earlier before the learned Magistrate.
P.S.GOPINATHAN, JUDGE amk