P.M.IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner, who is the 2nd accused in C.P. No.32/2013 (crime No.1225/2013 of Muvattupuzha police station) on the file of the Judicial First Class Magistrate Court, Muvattupuzha, for issuing a direction to consider and dispose of his bail application under Section 482 of Code of Criminal Procedure (hereinafter called the 'Code').

(2.) IT is alleged in the petition that, the petitioner has been arrayed as 2nd accused in C.P. No.32/2013 (crime No.1225/2013 of Muvattupuzha police station) on the file of the Judicial First Class Magistrate Court, Muvattupuzha, alleging commission of the offence under Section 143, 144, 145, 148, 341, 294(b), 506(ii), 283, 332, 308 read with 149 of the Indian Penal Code and Section 79(4) of Kerala Police Act. After investigation, final report was filed. Petitioner approached the Sessions Court, Ernakulam seeking anticipatory bail and the Sessions Court, Ernakulam, vide order in Crl.M.C.No.1387/2013 dismissed of the above petition. Other accused persons surrendered before the Judicial First Class Magistrate Court, Muvattupuzha, and they were remanded to Judicial Custody and they were subsequently released on bail as per order in Thereafter he approached this court vide B.A.No.5326/2013, seeking anticipatory bail, but this court disposed of the above application with certain conditions. He approached the investigating officer but he did not arrest the petitioner. Now non -bailable warrant is pending against him. He is prepared to surrender, but he apprehends that, his bail application will not be considered and he will be remanded to custody. So the petitioner has no other remedy, except to approach this court, seeking the following relief: "It is most humbly prayed that this Hon'ble Court may be pleased to direct the learned Judicial First Class Magistrate Court, Muvattupuzha, to release the petitioner on bail on his appearance in C.P.No.32/2013 before the learned magistrate in the interest of justice".

(3.) CONSIDERING the nature of relief claimed in the petition, this court felt that, the petition can be disposed of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.