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Ratheesh vs the State of Kerala

Ratheesh vs The State of Kerala

Type Court Judgment Court Kerala Decided May 02, 2023
~2 min read
https://sooperkanoon.com/case/1357925

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/3467/2023

Parties & Advocates

Appellant / Petitioner

Ratheesh

Respondent

The State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c. jayachandran tuesday, the 2nd day of may 2023 / 12th vaisakha, 1945 crl.mc no. 3467 of 2023 petitioner/sole accused: xxxx xxxxxx by adv. k.vijayan respondent/state: 1 the state of kerala represented by the public prosecutor, high court of kerala at ernakulam, pin - 682031 2 the station house officer chithara police station, kollam district, pin - 691559 by adv. vipin narayan, public prosecutor this criminal misc. case having come up for admission on 02.05.2023, the court on the same day passed the following:c. jayachandran, j.crl.m.c. no. 3467 of 2023 dated this the 02nd day of may, 2023orderthe petitioner is the sole accused in crime no.221 of 2023 of chithara police station. the offences alleged are under sections 341, 323 and 324 of the indian penal code, read with section 75 of the juvenile justice act, 2015.2. learned counsel for the petitioner submittedthat, since the offences charged are punishable with imprisonment for a maximum period of three years, the offences are bailable. therefore, the petitioner may be permitted to surrender before the court below and his application for bail be considered in the same date, is the limited prayer.3. heard the learned public prosecutor as well.in view of the limited relief, this court directs the judicial first class magistrate court, kadakkal to consider and pass orders on the bail application, if any, preferred by the petitioner, pursuant to his surrender, preferably on the same day, after affording an opportunity of being heard to the petitioner and the public prosecutor. the petitioner shall surrender before the magistrate's court concerned within a period of two weeks.sd/- c. jayachandran judge nb/-2-5 appendix of crl.mc 3467/2023 petitioner’s annexures: annexure1 a true copy of the fir in crime no.221 of 2023 of chithara police station dated 03.03.2023. respondent’s annexures: nil true copy p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 CRL.MC NO. 3467 OF 2023 PETITIONER/SOLE ACCUSED: XXXX XXXXXX BY ADV. K.VIJAYAN RESPONDENT/STATE: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER CHITHARA POLICE STATION, KOLLAM DISTRICT, PIN - 691559 BY ADV. VIPIN NARAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C. JAYACHANDRAN, J.

Crl.M.C. No. 3467 of 2023 Dated this the 02nd day of May, 2023

ORDER

The petitioner is the sole accused in crime No.221 of 2023 of Chithara Police Station. The offences alleged are under Sections 341, 323 and 324 of the Indian Penal Code, read with Section 75 of the Juvenile Justice Act, 2015.

2. Learned counsel for the petitioner submitted

that, since the offences charged are punishable with imprisonment for a maximum period of three years, the offences are bailable. Therefore, the petitioner may be permitted to surrender before the court below and his application for bail be considered in the same date, is the limited prayer.

3. Heard the learned Public Prosecutor as well.

In view of the limited relief, this Court directs the Judicial First Class Magistrate Court, Kadakkal to consider and pass orders on the bail application, if any, preferred by the petitioner, pursuant to his surrender, preferably on the same day, after affording an opportunity of being heard to the petitioner and the Public Prosecutor. The petitioner shall surrender before the Magistrate's Court concerned within a period of two weeks.

Sd/- C. JAYACHANDRAN JUDGE NB/-2-5 APPENDIX OF CRL.MC 3467/2023 PETITIONER’S ANNEXURES: ANNEXURE1 A TRUE COPY OF THE FIR IN CRIME NO.221 OF 2023 OF CHITHARA POLICE STATION DATED 03.03.2023. RESPONDENT’S ANNEXURES: NIL TRUE COPY P.A. TO JUDGE

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