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Pradeep Kumar vs State Of Kerala on 16 July, 2010

Kerala High Court
Pradeep Kumar vs State Of Kerala on 16 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2676 of 2010()


1. PRADEEP KUMAR, S/O.GANESAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. MADHURI, D/O.SEETHALAKSHMI,

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  :SRI.S.K.VINOD

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/07/2010

 O R D E R
                      V.RAMKUMAR, J.
                 ---------------------------------
                 Crl.M.C.No.2676 of 2010
                 ----------------------------------
           Dated this the 16th day of July, 2010

                             ORDER

Petitioner who is the accused in Crime No.245 of

2006 of Kazhakootam Police Station for offences

punishable under Sections 323, 294(b), 506(1), 354 & 451

I.P.C. and whose case is now pending before the Judicial

Magistrate of the First Class-III, Thiruvananthapuram as

L.P.No.80 of 2009, seeks a direction to the said Magistrate

to release the petitioner on bail on the date of his

surrender itself.

2. Admittedly, non-bailable warrants of arrest are

pending against the petitioner. The circumstances under

which those non-bailable warrants of arrest came to be

issued against the petitioner are not discernible to this

Court. It is only proper that the petitioner surrenders

before the J.F.C.M.-III, Thiruvananthapuram and seeks

regular bail.

Crl.M.C.No.2676/2010
: 2 :

3. The petitioner may, therefore, surrender before

the learned Magistrate and file an application for regular

bail within a period of two weeks from today. In case, the

petitioner complies with the above condition, his bail

application shall be considered and disposed of on merits

preferably on the same date on which it is filed

notwithstanding the pendency of any non-bailable

warrants against him.

4. It is too early for this Court exercising

jurisdiction under Section 482 Cr.P.C to meticulously scan

the voluminous prosecution records and to hold that the

prosecution of the petitioner is groundless and the same is

liable to be quashed. The appropriate remedy of the

petitioner is to plead for a discharge before the Court

below.

5. Having regard to the facts and circumstances of

the case, I am inclined to permit the petitioner to plead for

a discharge in absentia. Accordingly if the petitioner files

an application for discharge before the court below

Crl.M.C.No.2676/2010
: 3 :

through his counsel, that court shall not insist on the

personal appearance of the petitioner for the disposal of

the discharge petition.

This Crl.M.C is disposed of reserving the above rights

of the petitioner. Petitioner may also highlight the fact

that the matter has been settled between the de facto

complainant and the petitioner.

Dated this the 16th day of July, 2010.

V.RAMKUMAR, JUDGE

skj

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