High Court Kerala High Court

Annie Thomas vs Sub Inspector Of Police on 6 May, 2010

Kerala High Court
Annie Thomas vs Sub Inspector Of Police on 6 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1605 of 2010()


1. ANNIE THOMAS, W/O. THOMAS P.A.,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :06/05/2010

 O R D E R
                     THOMAS P.JOSEPH, J.
               ====================================
                     CRL. M.C. No.1605 of 2010
               ====================================
                 Dated this the 6th day of May, 2010


                              O R D E R

This petition is filed under Section 482 of the Code of Criminal

Procedure seeking a direction to the learned Judicial First Class

Magistrate, Chalakkudy to consider the bail application to be filed by

the petitioner in connection with C.C. No.1057 of 2009 on the same

day of its filing and to pass such other orders or reliefs as this Court

deems it fit in the interest of justice. Petitioner is accused in C.C.

No.1057 of 2009 of the trial court for offences punishable under

Section 291 of the Indian Penal Code read with Sections 24(1) and 43

of the Water (Prevention and Control of Pollution Act), 1974. According

to the petitioner there was failure on her part to appear in the trial

court for a day and consequent to that, a Non-Bailable Warrant was

issued to her.

2. I have heard learned counsel for petitioner and learned

Public Prosecutor appearing for the respondents.

3. Though as per the version of petitioner a Non-Bailable

CRL. M.C. No.1605 of 2010
-: 2 :-

Warrant was issued to her for her absence for a single day, I am

unable to issue any such direction as prayed for in the light of

decisions of this Court in Martin v. State of Kerala (2004 [2]

KLT 1037) and Pappachan v. Muthu (2005 [2] KLT 76). Having

regard to the circumstances stated before me I direct the learned

Magistrate to dispose of the application for bail if any preferred by the

petitioner as expeditiously as possible.

Criminal Miscellaneous Case is dismissed with the above

direction.

THOMAS P. JOSEPH, JUDGE.

vsv