Abdul Salam vs State Of Kerala Rep. By The Sub on 28 April, 2009

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Kerala High Court
Abdul Salam vs State Of Kerala Rep. By The Sub on 28 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1411 of 2009()


1. ABDUL SALAM,AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE SUB
                       ...       Respondent

                For Petitioner  :SRI.K.B.ARUNKUMAR

                For Respondent  :PUBLIC PROSECUTOR

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.1411 OF 2009 ()
                -----------------------------------
         Dated this the 28th day of April, 2009

                          O R D E R

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

is the accused in Crime No.78/05 of Mepayur Police Station

registered for the offence punishable under Sections 366 and

376 of IPC. The above crime, after investigation and laying of

charge, it appears, is pending as C.P.No.4/2008 on the file of

the Judicial First Class Magistrate, Payyoli. Petitioner now

seeks a direction to the Magistrate to consider and dispose of

his bail application on the date of his surrender before the

court.

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

the learned Public Prosecutor. Evidently, the petitioner

remained at large, till the investigating agency laid

the charge. As the case is now pending in committal of

proceedings, the custody of the petitioner may

CRL.M.C.1411/09 2

not be required at this stage, but, it is for the Magistrate, who

is posted with the facts of the case, to decide the merits of the

bail application, if any, moved by the petitioner on his

surrender before that court. The Magistrate is directed to

consider and dispose of the bail application of the petitioner

on the date of his surrender itself, if he appears and moves

such an application within ten days from the date of this

order.

Criminal M.C. is disposed of as above.

S.S.SATHEESACHANDRAN
JUDGE

prp

S.S.SATHEESACHANDRAN, J.

——————————————————–

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

———————————————————

O R D E R

———————————————————

23rd March, 2009

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