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