VINOD GEROSWIN PATTATH – 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.2231/2018 on the file of the Judicial First Class Magistrate Court-VIII, Ernakulam, arising from Crime No.1662/2015 of Kadavanthra Police Station. A warrant is pending against the petitioner from the court.
3. The petitioner submits that he is ready to surrender before the jurisdictional court and if he surrenders before the jurisdictional court, jurisdictional court may remand him without considering his 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 relevant portion of Vineeth Somarajan's case (supra).
“14. The apprehension of the petitione
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