Sameer Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015329
SubjectEducation
CourtKerala High Court
Decided OnJan-30-2013
JudgeHonourable Mr.Justice T.R.Ramachandran Nair
AppellantSameer
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice t.r.ramachandran nair wednesday, the 30th day of january 2013 10th magha 193 crl.mc.no. 654 of 2013 () ------------------------- cc.578/2012 of judicial first class magistrate court,vatakara ------------------------------------------------------- peitioner/accused no.1: ------------------------------------------- sameer,s/o. moidu, aged 2 years, peedikaparambath house,thuiravallur amsom, chaniyamkadavu desom,vadakara taluk, kozhikode district. by adv. sri.zubair pulikkool respondent/complainant: ---------------------------------------------- state of kerala, represented by the public prosecutor, high court of kerala,ernakulam.pin-682 031 by public prosecutor smt.v.h.jasmine this criminal misc. case having come up for admission on 30-01-2013, the court on the same day passed the following: sts crmc.no.654/2013 appendix petitioner's annexures: annex 1 copy of the order in b.a.no.1230/2012 of the hon'ble high court annex ii copy of the final report in crime .1371/2011 respondent's annexures: nil /true copy/ p.a.to.judge sts t.r.ramachandran nair, j.-------------------------------------------------- crl.m.c.no.654 of 2013 -------------------------------------------------- dated this the 30th day of january, 2013 order the petitioner is the 1st accused in crime no.1371/ of vadakara police station. the prayer is to recall the non-bailable warrant and to consider the bail application on merits on the date of surrender itself. in fact, going by the pleadings in the writ petition, it can be seen that this court had permitted the petitioner to surrender as per annexure i order in b.a.no.1230/12. the direction therein was to surrender before the investigating officer within ten days from the date of the order for interrogation. it is submitted that final report has been filed already.2. if the petitioner surrenders before the court below within a period of ten days and files an application for bail, the same will be duly considered, preferably on the date of surrender itself and the court below will be free to pass appropriate orders in the matter also. the crl.m.c.is accordingly disposed of. sd/-(t.r.ramachandran nair), judge. dsn
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 Crl.MC.No. 654 of 2013 () ------------------------- CC.578/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT,VATAKARA ------------------------------------------------------- PEITIONER/ACCUSED NO.1: ------------------------------------------- SAMEER,S/O. MOIDU, AGED 2 YEARS, PEEDIKAPARAMBATH HOUSE,THUIRAVALLUR AMSOM, CHANIYAMKADAVU DESOM,VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.654/2013 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE ORDER IN B.A.NO.1230/2012 OF THE HON'BLE HIGH COURT ANNEX II COPY OF THE FINAL REPORT IN CRIME .1371/2011 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J.

-------------------------------------------------- CRL.M.C.No.654 Of 2013 -------------------------------------------------- DATED THIS THE 30th DAY OF JANUARY, 2013 ORDER The petitioner is the 1st accused in Crime No.1371/ of Vadakara Police Station. The prayer is to recall the non-bailable warrant and to consider the bail application on merits on the date of surrender itself. In fact, going by the pleadings in the Writ Petition, it can be seen that this Court had permitted the petitioner to surrender as per Annexure I order in B.A.No.1230/12. The direction therein was to surrender before the Investigating Officer within ten days from the date of the order for interrogation. It is submitted that final report has been filed already.

2. If the petitioner surrenders before the court below within a period of ten days and files an application for bail, the same will be duly considered, preferably on the date of surrender itself and the court below will be free to pass appropriate orders in the matter also. The Crl.M.C.is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR), JUDGE. dsn