Kerala High Court
Ansaf Khuraishi Ajmeeri @ Aji vs The State Of Kerala on 13 May, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 5TH DAY OF AUGUST 2014/14TH SRAVANA, 1936
Crl.MC.No. 4365 of 2014
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SC 613/2012 OF ADDITIONAL DISTRICT & SESSIONS COURT - II, PATHANAMTHITTA
CRIME NO. 903/2001 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA
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PETITIONER(S)/ACCUSED NO.32:
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ANSAF KHURAISHI AJMEERI @ AJI, AGED 33 YEARS,
S/O.LATE ABDUL JABBAR, CHUTTIPPARA VADAKKE CHARUVIL,
KULASEKHAPATHY, PATHANAMTHITTA,
NOW RESIDING AT KANDATHIL PURAYIDOM, JONAKAPPURAM
KOLLAM.
BY ADVS.SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENT(S)/COMPLAINANT:
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THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 4365 of 2014
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A- TRUE COPY OF THE DISCHARGE CARD ISSUED FROM DISTRICT
HOSPITAL, KOLLAM.
ANNEXURE B- TRUE COPY OF THE TREATMENT CARD ISSUED FROM DISTRICT
HOSPITAL, KOLLAM.
ANNEXURE C- TRUE COPY OF THE ORDER DATED 13.5.2014 IN
CRL.M.C.NO.2522/2014 OF THIS HON'BLE COURT.
RESPONDENT(S)' ANNEXURES
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. RAMAKRISHNAN, J.
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Criminal M.C. No.4365 of 2014
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Dated this the 5th day of August, 2014
O R D E R
This criminal miscellaneous case is filed by the petitioner, who is the 32nd accused in S.C.No.613/2012 (Crime No.903/2001 of Pathanamthitta police station) on the file of the Additional District and Sessions Court-II (Fast Tract Court-I), Pathanamthitta, 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 32nd accused in S.C.No.613/2012 (Crime No.903/2001 of Pathanamthitta police station) on the file of the Additional District and Sessions Court-II (Fast Tract Court-I), Pathanamthitta, alleging commission of the offence under Sections 143, 144, 145, 147, 148, 150, 151, 152, 153A, 307, 435, 436, 332 and Crl.M.C.4365/ 2014 2 353 read with Section 149 of the Indian Penal Code and Section 20 of the Arms Act read with Section 27 and 2(c) of the PDPP Act. After investigation, final report was filed. The case against the petitioner was split up and trial was conducted against other accused and all the accused who faced trial were acquitted on 13.4.2012 and the case against the petitioner was refiled as S.C.No.613/2012. Now 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 Hon'ble Additional District and Sessions Court-II (Fast Tract Court-I), Ppathanamthitta to consider the bail application of the petitioner on the day of surrender itself and to release him on bail, by allowing this memorandum of criminal miscellaneous case".
3. Considering the nature of relief claimed in the petition, this court felt that, the petition can be disposed Crl.M.C.4365/ 2014 3 of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Public Prosecutor of that court.
4. The counsel for the petitioner submitted that, his apprehension is that, if he surrenders before the court below, he is likely to be remanded without considering the bail application. Unless a direction is given from this court, normally the bail application will not be considered on the same date.
5. The application was opposed by the learned Public Prosecutor on the ground that, he has not appeared before the court so far.
6. It is an admitted fact that, the petitioner has been arrayed as 32nd accused in S.C.No.613/2012 (Crime No.903/2001 of Pathanamthitta police station) on the file of the Additional District and Sessions Court-II (Fast Tract Court-I), Pathanamthitta, alleging offence under Sections 143, 144, 145, 147, 148, 150, 151, 152, 153A, 307, 435, 436, 332 and 353 read with Section 149 of the Indian Penal Crl.M.C.4365/ 2014 4 Code and Section 20 of the Arms Act read with Section 27 and 2(c) of the PDPP Act. It is also an admitted fact that, after investigation, final report was filed and after committal it was taken on file and case against others ended in acquittal and case against him was split up and refiled as S.C.613/2012. Admittedly, the petitioner has not appeared before the court below and non-bailable warrant is pending against him. The apprehension of the petitioner that, if he surrenders, he will be remanded to custody and his bail application will not be considered, is without any basis and not genuine. Further this court has in several matters of this nature, time and again observed that, there is a duty cast on the judicial officers of the criminal court to consider and dispose of the bail applications, on the date of filing of the application itself, as far as possible, unless compelling circumstances warrant the postponement of the same to a future date. So in fact, there is no necessity to issue any specific direction as claimed in the petition. But however, considering the apprehension raised in the Crl.M.C.4365/ 2014 5 petition, this court feels that, the petition can be disposed as follows:
If the petitioner surrenders before the Additional District and Sessions Court-II (Fast Tract Court-I), Pathanamthitta, and moves for recalling the warrant and release him on bail in S.C.613/2012, then the learned Sessions Judge is directed to consider and dispose of those applications, as far as possible, on the same date, after hearing the Additional Public Prosecutor of that court, in accordance with law.
With the above direction and observation, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE // True Copy// P.A. to Judge ss