Kerala High Court

Bail Appl./7921/2007 of P. BALAKRISHNAN Vs STATE OF KERALA on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7921 of 2007() ----------------------------- CC.1359/2005 of J.M.F.C.-I, KOLLAM .................... PETITIONER/ACCUSED:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929

Bail Appl..No. 7921 of 2007()

-----------------------------

CC.1359/2005 of J.M.F.C.-I, KOLLAM

....................

PETITIONER/ACCUSED:

------------------------------------

P. BALAKRISHNAN, S/O. AMMU,

AGED 43 YEARS, PERIYADKA HOUSE, P.O. SIRIBAGILU, KASARGOD.

BY ADV. SRI.C.A.CHACKO

SMT.C.M.CHARISMA

SRI.N.A.SHAFEEK

RESPONDENTS: STATE:

-------------------

THE STATE OF KERALA,

REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR, SRI AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

*************************

BAIL APPLICATION NO.7921 of 2007-A*************************Dated this the 24[th] day of December, 2007.

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O R D E R

In this petition filed under Sec. 438 Cr.P.C. the petitionerprays for a direction to the Magistrate to dispose of his applicationfor regular bail.

2. The learned Public Prosecutor opposed theapplication.

3. Consequent on the non-appearance of the petitioner in

C.C.1359/2005 before the J.F.C.M.-I, Kollam, non-bailable warrantof arrest is pending against the petitioner. There is no reasonwhy the petitioner should not surrender before the magistrateconcerned and seek regular bail. Accordingly, if the petitionersurrenders before the Magistrate concerned within two weeksfrom today and files an application for regular bail, the same shallbe considered and disposed of preferably on the same day onwhich it is filed bearing in mind the decision in Sukumari v.State of Kerala - 2001 (1) KLT 22.

With the above observation this Application is disposed of .

V.K.MOHANAN, JUDGE

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