HIGH COURT OF KERALA
P. G. Ajithkumar, J
SHILPA M – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
This Criminal Miscellaneous Case is filed under Section
482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
2. Petitioner is the accused in C.C.No.661/2023 on the files of the Judicial First Class Magistrate Court, Kuthuparamba. The petitioner was not able to appear before the lower court on a posting date and she was represented through the cousnel and an absent petition was also filed. The same was dismissed and warrant is issued.
3. The petitioner submit that she is ready to surrender before the jurisdictional court and if she surrender before the jurisdictional court, jurisdictional court may remand them without considering their bail application.
4. The Public Prosecutor submitted that no such apprehension is necessary and this court may not pass any direction to the lower court to release the petitioner on bail and that is a matter to be decided by the trial court.
5. This Court in Vineeth Somarajan @ Ambadi v.
State of Kerala and another ( 2009 (3) KHC 471 ) relied on the dictum laid down by another learned Single Judge in Biju S. Praveen v. State of Kerala and Another (2007 (2) KLT 280) considered this point. It will be better to extract the r
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