High CourtsSingle Bench

Sanjeev vs State Of Kerala

High Court Of Kerala · Decided on 3 February 2023 · Citation: (2023) 02 KL CK 0036

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 82, 83, 438 · Indian Penal Code, 1860 — Section 406, 420
RESULT
Allowed
CASE NUMBER
Bail Application No. 717 Of 2023
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Judgment

10 paragraphs · 244 words

Dr. Kauser Edappagath, J

1.

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

2.

The petitioner is the accused in C.C.No.825 of 2018 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta (for short 'the court below').

2.

The offences alleged against the petitioner are punishable under Sections 406 and 420 of IPC.

3.

Non-bailable warrant and steps under Sections 82 and 83 of Cr.P.C are pending against the petitioner.

4.

The learned counsel for the petitioner submits that the petitioner is prepared to surrender before the learned Magistrate and to co-operate with the trial. The limited prayer of the petitioner is to give a direction to the learned Magistrate to consider and dispose of his bail application on the same day itself.

5.

Having heard Sri.John Joseph, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor, this Bail Application is disposed of as follows:

(i) The petitioner shall surrender before the learned Magistrate and offer for bail within a period of two weeks from today.

(ii) The bail application filed by the petitioner shall be disposed of by the learned Magistrate on the same day itself, after hearing both sides in accordance with law.

(iii) Till the application for bail is finally disposed of, the non-bailable warrant issued against the petitioner and steps initiated against him under Sections 82 and 83 of Cr.P.C shall be kept in abeyance.