Kerala High Court
Crl.MC/4114/2006 of IQBAL Vs STATE OF KERALA on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Crl.MC.No. 4114 of 2006() ------------------------- CC.58/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ------------ IQBAL,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Crl.MC.No. 4114 of 2006()
-------------------------
CC.58/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR
....................
PETITIONER:
------------
IQBAL, S/O. MOOSAKUTTY, AGED 39 YEARS
KIZHAKKE KULAMBIL VEEDU, ADIPARANDA, KOYARADY, CHITTUR TALUK, PALAKKAD DISTRICT
BY ADV. SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
RESPONDENTS:
-------------
STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM
BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. RAMKUMAR, J.
* * * * * * * * * * * * * * * * * *
Crl.M.C. No. 4114 of 2006
* * * * * * * * * * * * * * * * * * Dated, this the 26[th] day of December 2006
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ORDER
Petitioner who is the 4[th] accused in C.C. No. 58/2003 pending beforethe J..F.C.M., Althur for offences punishable under Sections 143, 147 and 353read with Sec. 149 I.P.C., seeks a direction to dispose of his application forregular bail upon surrendering before the Magistrate. In as much as trial of thecase is not started, the cancellation of the bail of the petitioner on 24-11-2006due to his absence on that day does not appear to be justified, particularly,when all the offences are bailable offences.
This Crl.M.C. is disposed of directing the release of the petitioner on bailupon the petitioner filing an application for regular bail after surrenderingbefore the Magistrate within 10 days from today on appropriate conditionsincluding one which ensures his presence before court on all the dates ofposting of the case. The warrant, if any, pending against the petitioner shallstand recalled on such application for regular bail.
V. RAMKUMAR,
(JUDGE)
ani.