Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY,THE 16TH DAY OF JULY 2013 25TH ASHADHA, 1935 Crl.MC.No. 2893 of 2013 () --------------------------- CRIME NO. 906/2013 OF THRIKKAKARA POLICE STATION , ERNAKULAM DISTRICT ---------------------------------------- PETITIONER/2ND ACCUSED:- ------------------------------------------------ ABDUL RASHEED, S/O.ALIKUNJU, FAIROSE MANZIL, THOPPIL, THRIKKAKKARA, ERNAKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT:- --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 2893 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: -------------------------------------------- ANNEX I. TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.906/2013 OF THRIKKAKKARA POLICE STATION. ANNEX II. TRUE COPY OF THE AGREEMENT DATED 01 03.2010. RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts V.K.MOHANAN, J.
---------------------------------------- Crl.M.C.No. 2893 of 2013 ---------------------------------------- Dated this the 16th day of July, 2013 ORDER
The petitioner is the 2nd accused in Crime No.906/2013 of Thrikkakkara Police Station where the offences involved are under Sections 406, 420 and 120B of IPC and also under Sections 3(1), (V), (XV) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The petitioner apprehends that in case of his surrender before the Court he is likely to send jail since the offences under Special Act SC/ST Act are involved. Therefore he preferred the above M.C under Section 482 of Cr.P.C with a prayer to direct the Judicial First Class Magistrate Court, Aluva to release the petitioner on bail in Crime No.906/2013 of Thrikkakkara Police Station on his surrender and on moving an application for regular bail to secure the ends of justice.
3. Heard the counsel for the petitioner as well as the learned Public Prosecutor.
4. It appears from the documents produced that though the crime was registered on 3/7/2013, so far the petitioner was not available for arrest. If that be so, it is for Crl.M.C.No. 2893 o”
2. the petitioner to approach the Court below and seek regular bail. Granting bail is a discretionary power vested upon the trial Court and this court will not be justified usurping such powers of the trial Court and directing the Court below to release the petitioner on bail. Therefore, it is only just and proper to relegate the petitioner to approach the Court below where the crime is pending. In the result, this M.C. is disposed of relegating the petitioner to approach the court of Judicial First Class Magistrate, Aluva and he can surrender before the said court, if he is so advised, and seek orders to recall the NBW if any pending or for regular bail. Accordingly, there will be a direction to the learned Magistrate that, in the event of the petitioner surrender before that court and file an application to recall the warrant or for regular bail, or both, the same shall be considered on merit and pass appropriate orders thereon, on the date of his surrender itself. V.K.MOHANAN, JUDGE AS