Kerala High Court
Crl.MC/8971/2017 of K.C.RAMITHA Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Crl.MC.No. 8971 of 2017 () --------------------------- AGAINST CP NO.91/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE, THALASSERY IN CRIME NO.1899/2015 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Crl.MC.No. 8971 of 2017 ()
---------------------------
AGAINST CP NO.91/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE,THALASSERY IN CRIME NO.1899/2015 OF THALASSERY POLICE STATION, KANNUR
PETITIONER/ACCUSED NO.3:
-----------------------
K.C.RAMITH, AGED 30 YEARSS/O.RAMADASAN, 'KATHILCHATHAMPALLI'TEMPLE GATE P.O., PIN-670 102THALASSERY, KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN SRI.SATHEESHAN ALAKKADAN
RESPONDENTS/COMPLAINANT/STATE:
-----------------------------
1.STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2.STATION HOUSE OFFICERTHALASSERY POLICE STATION[CRIME NO.1899 OF 2015 OF THALASSERY POLICE STATION]KANNUR DISTRICT-670 101.
BY PUBLIC PROSECUTOR SRI.C.K. PRASAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V, J.
---------------------------------------
Crl.M.C. No.8971 of 2017
---------------------------------------
Dated this the 29[th] day of December, 2017
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
1. The petitioner herein is the 3[rd] accused in Crime No.1899 of2015 of Thalassery Police Station registered alleging offencespunishable under Sections 145, 147, 148, 341, 323, 324 and307 IPC. The case is presently pending as C.P.No.91 of 2017on the files of the Judicial First Class Magistrate's Court,Thalassery. For the failure of the petitioner to appear beforethe court below, non-bailable warrants have been issued. Heseeks for issuance of directions to the learned Magistrate toconsider his application for bail on the date of his surrenderitself after recalling the non-bailable warrants of arrest againsthim. 2015 of Thalassery Police Station registered alleging offencespunishable under Sections 145, 147, 148, 341, 323, 324 and307 IPC. The case is presently pending as C.P.No.91 of 2017on the files of the Judicial First Class Magistrate's Court,Thalassery. For the failure of the petitioner to appear beforethe court below, non-bailable warrants have been issued. Heseeks for issuance of directions to the learned Magistrate toconsider his application for bail on the date of his surrenderitself after recalling the non-bailable warrants of arrest againsthim.
2. The reasons which persuaded the Court below to issue non-bailable warrants of arrest is not clearly discernible from thepetition filed. Even otherwise, this Court will not be justified ininterfering with the discretion exercised by the learnedMagistrate. The petitioner has no other option but to surrenderbailable warrants of arrest is not clearly discernible from thepetition filed. Even otherwise, this Court will not be justified ininterfering with the discretion exercised by the learnedMagistrate. The petitioner has no other option but to surrender Crl.M.C. No.8971 of 2017
before the court below and seek regular bail.
3. Accordingly, this Criminal Miscellaneous Case is disposed ofdirecting the petitioner to surrender before the learnedMagistrate within a period of fifteen days from today and moveappropriate applications for recall of warrant and grant of bail.If such applications are filed, the same shall be considered anddisposed of by the Court below expeditiously and on its merits,ideally on the same day itself. The warrant, if any, as againstthe petitioner shall be kept in abeyance till then.
Sd/-
RAJA VIJAYARAGHAVAN.V.
JUDGE
sp/29/12/17
//True Copy//
P.A. to Judge