Kerala High Court
Sivaprasad N.N vs State Of Kerala on 5 November, 2013
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY,THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935
Crl.MC.No. 1116 of 2014
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AGAINST THE ORDER IN CP 3/2014 of JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, PATHANAMTHITTA
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PETITIONER(S)/ACCUSED:
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SIVAPRASAD N.N., AGED 40 YEARS
S/O.NARAYANAN, NETTICKAL VEEDU, THEKKUTHODE,
THANNITHODE VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT(S)/STATE:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 1116 of 2014
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APPENDIX
PETITIONERS' ANNEXURES
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A1: COPY OF THE REMAND APPLICATION DATED 5/11/2013.
A2: COPY OF THE ORDER DATED 7/12/2013 IN CRL.M.P.NO.1627 OF 2013 OF THE
SESSIONS COURT PATHANAMTHITTA.
RESPONDENTS' ANNEXURE
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NIL.
/ TRUE COPY\ /
PS. TO JUDGE
PJ
K. RAMAKRISHNAN, J.
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Crl.M.C.No.1116 of 2014
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Dated this the 7th day of February, 2014.
O R D E R
This is an application field by the petitioner/accused in C.P.No.3/2014 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta under Section 482 of the Code of Criminal Procedure seeking the following relief:
In the above said circumstance, it is most humbly prayed that this Hon'ble court may be pleased to issue a direction to consider the bail application of the petitioner on the date of surrender itself in the event of his surrender in C.P.No.3/2014 pending on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta in the interest of justice.
2. Heard the counsel for the petitioner and the learned Public Prosecutor.
3. It is not necessary to issue any direction as claimed in the petition as it is the duty of the Presiding Officer to consider and dispose of the bail application at the earliest possible time when the accused surrenders and moves for bail. So, I feel that the petition can be disposed of with the following directions:
If the petitioner surrenders before the Judicial First Class Crl.M.C.No.1116 of 2014 2 Magistrate Court-II, Pathanamthitta, and moves for recalling the warrant and release him on bail, then the learned Magistrate is directed to consider and dispose of that application after hearing the Assistant Public Prosecutor of that court as expeditiously as possible, at any rate, on the same date of his surrender itself in accordance with law.
With the above observation, the petition is disposed of .
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge Crl.M.C.No.1116 of 2014 3