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.
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Crl.M.C.No.2676 of 2010
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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