Babu vs State Of Kerala on 10 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2579 of 2007()


1. BABU, AGED 24 YEARS, S/O.PAVITHRAN,
                      ...  Petitioner
2. DHANITH, AGED 23 YEARS, S/O.SISUPALAN,

                        Vs



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

                For Petitioner  :SRI.B.PREMOD

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :10/08/2007

 O R D E R
                                R.BASANT, J
                         ------------------------------------
                        Crl.M.C.No.2579 of 2007
                        -------------------------------------
               Dated this the 10th day of August, 2007

                                   O R D E R

The short grievance of the petitioners is that though they have

been granted bail in Crime No.68 of 2007 of Munambam Police Station

registered, inter alia, under Section 308 I.P.C, they could not execute

the bonds before the case was committed by the learned Magistrate

to the Court of Session. That case ie. C.P.No.3-0 of 2007 was in the

meantime committed by the learned Magistrate making it impossible

for the petitioners to execute the bonds and claim release. The

petitioners now seek a direction from this Court that the learned

Magistrate may be directed to permit the petitioners to execute the

bonds in Crime No.68 of 2007 of Munambam Police Station

ie.C.P.No.30 of 2007 before the Judicial Magistrate of the First Class,

North Paravur.

2. Records are not placed before me. The learned counsel for

the petitioners laments that because of the petitioners’ inability to

execute the bonds, the petitioners are languishing in custody now. I

am satisfied that a direction can be issued to learned Judicial

Magistrate of the First Class, North Paravur that if the petitioners

Crl.M.C.No.2579 of 2007 2

have already been granted bail in Crime No.68 of 2007 of Munambam

Police Station, which has resulted in C.P.No.30 of 2007, they shall be

permitted to execute the bonds notwithstanding the fact that the case

has been committed to the Court of Session. The petitioners shall be

permitted to execute the bonds and they shall be released. The

matter shall be reported to the Court of Session.

Hand over a copy of this order to the learned counsel for the

petitioner.

(R.BASANT, JUDGE)
rtr/-

Crl.M.C.No.2579 of 2007 3