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.
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B.A.4088/2006
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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