Kerala High Court
Crl.MC/5031/2008 of SHOUKATH ALI Vs STATE OF KERALA on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 Crl.MC.No. 5031 of 2008() ------------------------- AGAINST THE ORDER IN CP. 113 /2007 IN LPC.171/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
Crl.MC.No. 5031 of 2008()
-------------------------
AGAINST THE ORDER IN CP. 113 /2007 IN
LPC.171/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR
....................
PETITIONER: 4TH ACCUSED
--------------------------
SHOUKATH ALI, AGED 27 S/O.ABDUL RAHMAN,
MATTUL NORTH KASARAGOD DISTRICT.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT: COMPLAINANT
--------------------------
THE STATE OF KERALA REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE S.H.O. PAPZHAYANGADI.
BY PUBLIC PROSECUTOR SHRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.N.Ravindran, J.=====================Crl.M.C.No.5031 of 2008=====================
Dated this the 26[th] day of December, 2008.
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ORDER
Heard both sides. The petitioner is the fourth accused in CrimeNo.65 of 2006 of the Pazhayangadi Police Station, now pending as L.P.C.No.171 of 2007 on the file of the Judicial First Class Magistrate Court,Payyannur. The petitioner who is residing abroad has in this CriminalM.C. prayed that the court below may be directed to consider his bailapplication on the day on which he surrenders and pass orders thereonon the very same day itself. Reliance is placed on the decision of thisCourt in Alice George v. Deputy Superintendent of Police- 2003(1)K.L.T. 339.
2. I have considered the submissions made at the Bar by thelearned counsel appearing on either side. In the facts and circumstancesof the case, I am satisfied that the petitioner is entitled to the reliefprayed for. There will accordingly be a direction to the Judicial First ClassMagistrate Court, Payyannur to consider the application for regular bailsubmitted by the petitioner on the day on which he surrenders and passorders thereon on the very same day. I make it clear that I have notexpressed any opinion on the merits of the petitioner's contentions and Crl.M.C. No.5031/08
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that the court below will be free to consider and pass orders on the bail application on the merits.
The Crl.M.C. is allowed as above.
ess 26/12
P.N.Ravindran,Judge.