Kerala High Court
Jerome vs State Of Kerala on 11 June, 2012
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 1ST DAY OF NOVEMBER 2012/10TH KARTHIKA 1934
Crl.MC.No. 3354 of 2012 ()
--------------------------
.NO./ IN CRMP.1244/2012 of DIST & SESSIONS COURT, ALAPPUZHA
AGAINST THE ORDER IN BA.3157/2012 DATED 11-06-2012
PETITIONER(S)/ACCUSED NOS.1 :
----------------------------
1. JEROME, AGED 34 YEARS
S/O.OUSEPH, KANDANATTU HOUSE, KATTOOR MURI
KALAVOOR VILLAGE, ALAPPUZHA DISTRICT.
2. JOSEPH, AGED 37 YEARS
S/O.OUSEPH, KANDANATTU HOUSE, KATTOOR MURI
KALAVOOR VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.S.MANU
SRI.S.K.PREMRAJ
RESPONDENTS/COMPLAINANT(S)/INVESTIGATING OFFICER & DEFACTO COMPLAINANT:
-----------------------------------------------------------------------
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
2. SUB INSPECTOR OF POLICE
MANNANCHERRY POLICE STATION
ALAPPUZHA (NOTICE TO THE RESPONDENTS MAY BE SERVED THROUGH THE
PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM)
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-
11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jm
Crl.MC.No. 3354 of 2012
APPENDIX
PETITIONER(S) EXHIBITS
ANNEXURE A1: A TRUE COPY OF THE ORDER DATED 12.4.2012 IN
CRL.M.P.NO.1244 OF 2012 PASSED BY THE SESSIONS JUDGE,
ALAPPUZHA.
ANNEXURE A2: A TRUE COPY OF THE ORDER DATED 11.6.2012 IN
B.A.NO.3157 OF 2012 PASSED BY THIS HON'BLE COURT.
ANNEXURE A3: A TRUE COPY OF THE JUDGMENT OF THE SUPREME COURT OF
INDIA REPORTEDX IN (2009) 7 SCC 559
ANNEXURE A4: A TRUE COPY OF THE JUDGMENT OF THE SUPREME COURT OF
INDIA REPORTED IN 2010(5)SCR 702
RESPONDENTS' EXHIBITS : NIL
\\ TRUE COPY \\
PA TO JUDGE
jm
S.S.SATHEESACHANDRAN,J.
---------------------------------------
Crl.M.C. NO. 3354 of 2012
----------------------------------------
Dated this the 01st day of November, 2012
ORDER
Petitioners are two among the accused (A1 & A2) in Crime No.245 of 2012 of Mannancherry Police Station, registered for offences punishable under Sections 294(b), 324 and 308 read with Section 34 of the Indian Penal Code. Application for anticipatory bail moved before this court earlier had been turned down by Annexure A2 order. Limited prayer canvassed by the counsel for petitioners is for issue of direction to the learned magistrate to consider their bail application on the date of their surrender. If for any reason the application could not be taken up on such day it is the further plea of the counsel for consideration of their bail application for interim bail on that day itself. Learned counsel relied on two decisions rendered by the Apex court in Sukhwant Singh and Others V. State of Punjab (2009) 7 SCC 559 and Mukesh Kishanpuria V. Crl.M.C. NO. 3354 of 2012 2 State of West Bengal 2010(5) SCR 702 to urge that consideration of interim bail even when the bail application is pending can be canvased by an accused though there is no provision as such in the Code entitling him to make such a request. Having regard to the submissions made and taking note of the facts and circumstances and also the decisions referred to above, the following direction is issued.
In case, the petitioners surrender before the magistrate within a period of two weeks from today and advance notice on their bail application has been given to the Assistant Public Prosecutor, learned magistrate shall consider such application, expeditiously, preferably, on the date of their surrender, if not prevented by any exceptional circumstance.
In case, the bail application for any reason could not be taken up and considered any request made for interim bail application, if so moved, be also considered and disposed on the date itself on its merits. Crl.M.C. NO. 3354 of 2012 3
I make it clear that the direction given as above shall not be construed as placing any impediment to the magistrate in passing appropriate orders on the bail application or for interim bail on its merits in accordance with law.
Crl.M.C. is disposed of.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-