High Court Kerala High Court

Azad. K.A. vs State Of Kerala on 7 July, 2006

Kerala High Court
Azad. K.A. vs State Of Kerala on 7 July, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4088 of 2006()


1. AZAD. K.A., S/O. AZEEZ, AGED 32 YEARS,
                      ...  Petitioner
2. SIBU, S/O. SIMON, AGED 28 YEARS,
3. ANSARI, S/O. SAINUL ABIDEEN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :07/07/2006

 O R D E R
                           J.M.JAMES, J.
                              --------------
                           B.A.4088/2006
                            ------------------
       DATED THIS THE 7TH DAY OF JULY, 2006


                              O R D E R

The petitioners are the accused in

C.C.No.1427/2003 on the file of the Judicial Magistrate of

First Class-I, Aluva. The Magistrate issued summons to

the accused. The petitioners entered appearance and filed

petitions to condone their absence, on that day. The case

was adjourned to 8.6.2006 for appearance of the

petitioners. It is submitted that because of the wrong

noting of the posting date by the clerk of the counsel,

there was no appearance. Hence a non bailable warrant

was issued. The petitioners apprehend remand on their

appearance. Hence this application, under Section 438

Cr.P.C.

2. After hearing both sides, I direct the petitioners

to appear before the Judicial Magistrate of First Class-I,

Aluva, on 18.7.2006 at 11.00 a.m., and move an application

for bail, after serving copy of the same to the Prosecution.

B.A.4088/2006
2

The learned Magistrate shall consider the bail

application, and pass appropriate orders on the same day

itself, on merit.

The application is disposed of as above.

J.M.JAMES
JUDGE

mrcs