Ismail @ Akram Bhai vs State Of Kerala on 3 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4901 of 2010()


1. ISMAIL @ AKRAM BHAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. JAIL SUPERINTENDENT,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :03/01/2011

 O R D E R
                    THOMAS P.JOSEPH, J.
            ====================================
                     Crl. M.C. No. 4901 of 2010
            ====================================
          Dated this the    03rd day of January,    2011


                             O R D E R

Petitioner is accused in Crime Nos.306 and 346 of 2006 and

Crime No.277 of 2010 of the Kalpakancherry police station, in

Malappuram District, Crime No.376 of 2008 of Karaya police

station in West Bengal and accused in another crime registered by

the Perambra police. He has been granted bail in those cases. But

has was not released since he is accused in crime No.199 of 2005

of Balh police station, Mandi District (Himachal Pradesh) and the

learned Judicial First Class Magistrate, Mandi has issued a

production warrant directing the Superintendent of Jail, Tirur to

cause production of petitioner in the said court. Petitioner in this

proceedings seeks a direction to respondent No.2, Superintendent

of Central Prison, Viyyur, Thrissur to produce petitioner in the court

of learned Judicial First Class Magistrate, Tirur for granting orders

of release on condition that petitioner appears before learned

Judicial First Class Magistrate, Mandi within three months. Leaned

counsel submits that since petitioner is being detained only on

account of the production warrant referred to above and hence

CRL. M.C. No.4901 of 2010
-: 2 :-

petitioner may be released on executing bond. I have heard

learned counsel for petitioner and the learned Public Prosecutor.

2. Since production warrant has been issued by the

learned Judicial First Class Magistrate, Mandi and so far as that

order stands, petitioner cannot be released on bail as claimed by

him. Proper remedy available to the petitioner is to get the

production warrant recalled by the Judicial First Class Magistrate,

Mandi or get produced before that court as directed in the

production warrant. Learned counsel states that it is possible for

petitioner to get the warrant recalled pending in the court of

learned Judicial First Class Magistrate, Mandi. It is open to the

petitioner to seek appropriate relief from Judicial First Class

Magistrate, Mandi.

Resultantly, Criminal Miscellaneous Case is disposed of with

direction to the petitioner to seek appropriate relief from the

learned Judicial First Class Magistrate, Mandi and if necessary to

approach this Court again seeking appropriate relief at a later

stage if circumstances warranted that.

THOMAS P. JOSEPH, JUDGE.

vsv