K.V. Sethu Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1011545
CourtKerala High Court
Decided OnDec-28-2012
JudgeHONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
AppellantK.V. Sethu
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice m.l.joseph francis friday, the 28th day of december 2012 7th pousha 193 crl.mc.no. 4004 of 2012 () -------------------------- sc.349/2009 of d.c. & sessions & mact,kasaragod crime no.483/07 of neeleshwar police station, kasargod dist. petitioner/accused: --------------------- k.v. sethu,, aged 4 years s/o.kunhiraman, residing at kizhakkeveedu, bangalam madikai village, hosdurg taluk, kasaragod district. by adv. sri.t.madhu complainant/state: --------------------- the state of kerala, through the station house officer neeleshwar police station, kasaragod district represented by the public prosecutor high court of kerala, ernakulam.682 031. r by public prosecutor, smt. bindu gopinath this criminal misc. case having come up for admission on 28-12-2012, the court on the same day passed the following: m.l.joseph francis j., - - - - - - - - - - - - - - - - - - - - - - - - - - - - crl.m.c. no.4004 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 28th day of december, 2012 order this petition under section 482 of the code of criminal procedure is filed by the accused in s.c.no.349 of 2009 on the file of principal session's court, kasargod for the offences under sections 341, 323 of the indian penal code and section 3(1)(x) of the scheduled caste and scheduled tribes (prevention of atrocities) act.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. now investigation is over and non-bailable warrant is pending.4. since the petitioner is willing to surrender and face the trial, no purpose will be served by sending the petitioner to jail. therefore in order to secure ends of justice, the petitioner is directed to surrender before that court on or before 27.3.2013. on such surrender that court may allow the petitioner to go on bail. while releasing the petitioner on bail, that court may impose suitable conditions. the crl. m.c. is allowed to that extent. m. l. joseph francis, dl/ (judge)
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 28TH DAY OF DECEMBER 2012 7TH POUSHA 193 Crl.MC.No. 4004 of 2012 () -------------------------- SC.349/2009 of D.C. & SESSIONS & MACT,KASARAGOD CRIME NO.483/07 OF NEELESHWAR POLICE STATION, KASARGOD DIST. PETITIONER/ACCUSED: --------------------- K.V. SETHU,, AGED 4 YEARS S/O.KUNHIRAMAN, RESIDING AT KIZHAKKEVEEDU, BANGALAM MADIKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU COMPLAINANT/STATE: --------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER NEELESHWAR POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.682 031. R BY PUBLIC PROSECUTOR, SMT. BINDU GOPINATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No.4004 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of December, 2012 ORDER This petition under Section 482 of the Code of Criminal Procedure is filed by the accused in S.C.No.349 of 2009 on the file of Principal Session's Court, Kasargod for the offences under Sections 341, 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

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

3. Now investigation is over and non-bailable warrant is pending.

4. Since the petitioner is willing to surrender and face the trial, no purpose will be served by sending the petitioner to jail. Therefore in order to secure ends of justice, the petitioner is directed to surrender before that Court on or before 27.3.2013. On such surrender that Court may allow the petitioner to go on bail. While releasing the petitioner on bail, that Court may impose suitable conditions. The Crl. M.C. is allowed to that extent. M. L. JOSEPH FRANCIS, dl/ (JUDGE)