Kerala High Court
Crl.MC/8959/2017 of P.ABDUL SATHAR 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. 8959 of 2017 () --------------------------- AGAINST THE ORDER IN SC 236/2015 of II ADDL.DISTRICT & SESSIONS COURT,ERNAKULAM CRIME NO.
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. 8959 of 2017 () --------------------------- AGAINST THE ORDER IN SC 236/2015 of II ADDL.DISTRICT & SESSIONSCOURT,ERNAKULAM
CRIME NO. 549/2011 OF VARAPPUZHA POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED:
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P.ABDUL SATHARAGED 44 YEARS, S/O ABDUL RAHMANTHAKKAPURAYIL HOUSEPUROPATTU KARA, THRIKKARIPURHOSDURG TALUKKASARAGOD DISTRICT
BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT/COMPLAINANT:
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STATE OF KERALAREP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM
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:
VPS
RAJA VIJAYARAGHAVAN V., J
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Crl.M.C. No.8959 of 2017
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Dated this the 29[th] day of December, 2017
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ORDER
1. The petitioner herein is the 5[th] accused in S.C. No.236 of 2015on the file of the Additional Sessions Court-II, Ernakulam. Itappears that on his failure to appear before the court below,non-bailable warrants have been issued. His prayer is to issuenecessary directions to the learned Sessions Judge to recall thewarrant issued against him and to grant him bail. on the file of the Additional Sessions Court-II, Ernakulam. Itappears that on his failure to appear before the court below,non-bailable warrants have been issued. His prayer is to issuenecessary directions to the learned Sessions Judge to recall thewarrant issued against him and to grant him bail.
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 learnedSessions Judge. The petitioner has no other option but tosurrender before the court below and seek regular bail. 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 learnedSessions Judge. The petitioner has no other option but tosurrender before the court below and seek regular bail.
3. Accordingly, this Criminal Miscellaneous Case is disposed ofdirecting the petitioner to surrender before the learnedSessions Judge within a period of 10 days from today anddirecting the petitioner to surrender before the learnedSessions Judge within a period of 10 days from today and BA 8959/2017
move appropriate applications for recall of warrant and grant ofbail. If such applications are filed, the same shall be consideredand disposed of by the Court below expeditiously and on itsmerits.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
vps 29/12
/True Copy/
PS to Judge