M.N.Narayanadas vs S.H.O. on 28 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1385 of 2009()


1. M.N.NARAYANADAS,
                      ...  Petitioner

                        Vs



1. S.H.O., TOWN NORTH POLICE STATION,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :28/04/2009

 O R D E R
               S.S.SATHEESACHANDRAN, J.
                   -------------------------------
              CRL.M.C.NO.1385 OF 2009 (A)
                 -----------------------------------
          Dated this the 28th day of April, 2009

                           O R D E R

Petition is filed under Section 482 of the Cr.P.C.

Petitioner is the 1st accused (A1) in Crime No.3/2002 of the

Town North Police Station, Palakkad, registered for the

offence punishable under Section 379 of the IPC. He has filed

the above petition seeking a direction to the Judicial First

Class Magistrate Court, Alathur, before whom the above

crime, after completion of the investigation and filing of the

final report, is pending as C.C.No.368/2007, to recall the non

bailable warrant issued against him and to release him on bail

on his surrender before that court.

2. I heard the learned counsel for the petitioner and also

the learned Public Prosecutor. From the submissions made, it

is seen that the petitioner had obtained bail from the court on

23.1.2002, subject to the condition to appear before the

Investigating Officer once in a week. Petitioner is residing at

a different place far away from the place of occurrence and

CRL.M.C.1385/09 2

the court in which the above case is proceeded with, is the

cause shown for his non appearance and issue of non bailable

warrant against him. Having regard to the submissions made

and taking note that the above case, after laying of the charge,

is pending for trial atleast from 2007 onwards, most probably

on account of the non appearance of the petitioner, despite

summons issued by the court, I find the relief prayed for in

the petition cannot be entertained. Petitioner has to seek bail

appearing before the Magistrate and he cannot adopt the

shortcut method of approaching this Court for direction to

release him on bail in the facts presented in the case. Learned

Magistrate is directed to dispose the bail application, if any,

moved by the petitioner on his appearance, as expeditiously as

possible.

Criminal M.C. is disposed of.

S.S.SATHEESACHANDRAN
JUDGE

prp

S.S.SATHEESACHANDRAN, J.

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CRL.R.P.NO. OF 2006 ()

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O R D E R

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23rd March, 2009