Sathyadas Vs. State of Kerala

Sathyadas vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2013

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https://sooperkanoon.com/case/1016600

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Citation: sooperkanoon.com/1016600
Court: Kerala High Court
Judge: Honourable Mr.Justice V.K.Mohanan
Decided On: Jul 30, 2013
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Sathyadas

Respondent

State of Kerala

Excerpt

.....move b.a.no.4955/2013 before this court which was dismissed and therefore according to the petitioners they are ready to surrender before the court below but they apprehend that they will be send to jail because nbw is pending against them. therefore, the present petition is filed under section 482 of cr.p.c with a prayer to direct the judicial first class magistrate court-ii, nedumangad, to consider the bail application of the petitioners on the date of their surrender itself.2. heard the counsel for the petitioner and the learned public prosecutor.3. having regard to the facts and circumstances involved in the case it appears that the petitioners are involved in a crime in which the offences punishable under sections 324, 326 r/w section 34 of ipc. it is also relevant to crl.m.c.no.3176 o”2. note that their attempt for pre-arrest bail was failed as per order of this court on 23/7/2013 in b.a.no.4955/2013. in the above circumstance it is for the petitioners to approach the court below and to seek regular bail. in the result, this m.c. is disposed of relegating the petitioners to approach the court of judicial first class magistrate-ii, nedumangad and they can surrender before the said court, if they are 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 petitioners 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 their surrender itself. sd/- v.k.mohanan, judge as

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY,THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Crl.MC.No. 3176 of 2013 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CMP NO. 7490/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD CRIME NO. 629/2013 OF NEDUMANGAD POLICE STATION , THIRUVANANDAPURAM DISTRICT ====================== PETITIONERS/ACCUSED: ------------------------------------- 1. SATHYADAS, AGED 4 YEARS S/O.CHELLAYYAN NADAR, PUTHUVAL PUTHEN VEEDU, CHIRAKANI KIZHAKKUMKARA, VENGODU.P.O, VATTAPPARA THIRUVANANTHAPURAM.

2. BIJU, AGED 2 YEARS S/O.KRISHNAN KUTTY, KURAYATH VEEDU, KIZHAKKUM KARA CHENTHIPUR, VENGODU.P.O, NEDUMANGAD THIRUVANANTHAPURAM.

3. SANAL, AGED 3 YEARS S/O.THANKAPPAN, CHIRAKANI, KIZHAKKUM KARA PUTHUVALPUTHENVEEDU, VENGODE.P.O, THIRUVANANTHAPURAM.

4. RAJESH, AGED 2 YEARS S.O.RAGHAVAN NADAR, KUNJUVEEDU, KIZHAKKUMKARA VENGODE.P.O, NEDUMANGAD, TRIRUVANANTHAPURAM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS/STATE: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.629/2013 OF NEDUMANGAD POLICE STATION THIRUVANANTHAPURAM DISTRICT).

2. STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION THIRUVANANTHAPURAM DISTRICT-695541(CRIME NO. 629/2013 OF NEDUMANGAD POLICE STATION THIRUVANANTHAPURAM DISTRICT). BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-07- 2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3176 of 2013 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------- ANNEUXURE-I TRUE COPY OF THE COMPLAINT SUBMITTED BYH THE WIFE OF THE FIRST PETITIONER DATED 26 4.2013 ANNEXURE-II TRUE COPY OF THE TREATMENT RECORD OF THE FIRST PETITIONER ISSUED FROM TALUK HOSPITAL,NEDUMANGAD ANNEXURE-III TRUE COPY OF THE PRIVATE COMPLAINT NO.MP.NO.7490/13 FILED BY THE FIRST PETITIONER BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS-II,NEDUMANGAD. RESPONDENTS' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD V.K.MOHANAN, J.

---------------------------------------- Crl.M.C.No.3176 of 2013 ---------------------------------------- Dated this the 30th day of July, 2013 ORDER

The petitioners are accused Nos.1 to 4 in Crime No.629/2013 of Nedumangad Police Station, where the offences involved are under Sections 324, 326 r/w Section 34 of IPC. The petitioners have already move B.A.No.4955/2013 before this Court which was dismissed and therefore according to the petitioners they are ready to surrender before the Court below but they apprehend that they will be send to jail because NBW is pending against them. Therefore, the present petition is filed under Section 482 of Cr.P.C with a prayer to direct the Judicial First Class Magistrate Court-II, Nedumangad, to consider the bail application of the petitioners on the date of their surrender itself.

2. Heard the counsel for the petitioner and the learned Public Prosecutor.

3. Having regard to the facts and circumstances involved in the case it appears that the petitioners are involved in a crime in which the offences punishable under Sections 324, 326 r/w Section 34 of IPC. It is also relevant to Crl.M.C.No.3176 o”

2. note that their attempt for pre-arrest bail was failed as per order of this Court on 23/7/2013 in B.A.No.4955/2013. In the above circumstance it is for the petitioners to approach the Court below and to seek regular bail. In the result, this M.C. is disposed of relegating the petitioners to approach the court of Judicial First Class Magistrate-II, Nedumangad and they can surrender before the said court, if they are 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 petitioners 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 their surrender itself. Sd/- V.K.MOHANAN, JUDGE AS

Same Court & Year Kerala · 2013 Same Parties Sathyadas vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice V.K.Mohanan