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Rajesh vs State Of Kerala

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

Petitioners herein are the accused in C.P.No.51/2014 of the Judicial First Class Magistrate Court-I, Palakkad. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued from the committal court, they seek orders from this Court under Section 482 Cr.P.C., directing the court below to consider their application for bail on the date of surrender itself, and to allow the same. Of course, this Court cannot direct the court below to release the petitioner on bail under Section 482 Cr.P.C. The committal court has issued warrant of arrest for proper and legal reasons. The petitioners will have to explain the reason for their consistent absence through out. When warrant of arrest is issued by the court for proper and legal reasons, it cannot be recalled by this Court, and direction for bail also cannot be made. However, another direction can be made that the application shall be considered without delay. Crl.M.C.. No. 6556/2014 2 In the result, this Crl.M.C. is closed, with direction to the court below that in case application for bail is filed by the petitioner on surrender in C.P.No.51/2014, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Rajesh vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri Rajesh Sivaramankutty