Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DAY OF JANUARY 2013 20TH POUSHA 193 Crl.MC.No. 123 of 2013 () ------------------------- Crl.MC.2537/2012 OF SESSIONS COURT, ERNAKULAM. CC.367/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM. CRIME NO.567/2003 OF ERNAKULAM TOWN NORTH POLICE STATION. ............ PETITIONER/ACCUSED: ---------------------------------- SANTHOSH KUMAR, S/O.KRISHNANKUTTY, AGED 4 YEARS, RESIDING AT VASANTA VILASAM, BINNY ROAD, PALLURUTHY, KOCHI-5. BY ADVS. SRI.T.MADHU, SRI.K.V.BINOD. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM”
031. BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 123 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE ORDER DATED 18 12/2012 IN CRL.M.C.2537/2012 ON THE FILE OF THE HONOURABLE SESSIONS COURT, ERNAKULAM. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.
--------------------------------------- Crl. M.C. No.123 OF 201.--------------------------------------- Dated this the 10th day of January, 2013. ORDER
The petitioner is the sole accused in Crime No.567/2003 of the Ernakulam Town North Police Station which is now pending as C.C.No.367/2005 before the Judicial First Class Magistrate Court-II, Ernakulam. The prayer in the Crl.M.C is to direct the court below to consider the bail application being filed by the petitioner and to enlarge him on bail on the date of surrender itself.
2. This Court, after hearing the learned counsel for the petitioner, called for a report from the court below with regard to the present stage of the case as well as the proceedings under Sections 82 and 83 of the Code of Criminal Procedure against the petitioner. The report evidences the fact that from the stage before the filing of the final report even though summons was served, the petitioner did not appear. Bailable warrants were issued against him on three occasions Crl.M.C.No.123/2013 2 and thereafter non bailable warrants were issued on three posting dates. The proceedings under Sections 82 and 83 have also been taken. Now the case stands posted to 24.01.2013 for getting sanction from the Chief Judicial Magistrate to transfer the case to the Register of Long Pending Cases.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The petitioner will surrender before the court below within a period of two weeks, at any rate, on or before 24.01.2013 and if an application for bail is filed, the same will be considered preferably on the same day and appropriate orders will be passed. The Crl. M.C. is disposed of as above. Sd/-(T.R. RAMACHANDRAN NAIR) JUDGE smp