Kerala High Court
Sumesh vs The S.I.Of Police on 30 May, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 30TH DAY OF MAY 2014/9TH JYAISHTA, 1936
Crl.MC.No. 2289 of 2014
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CRIME NO. 151/2014 OF PERUNAD POLICE STATION , PATHANAMTHITTA
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PETITIONERS/ACCUSED 1 TO 5:
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1. SUMESH,AGED 19 YEARS,
S/O.MOHANDAS, KARTHIKA NIVAS, CHERUKUNNAM,
ANGADI P.O.AND VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT.
2. VINEETH.V., AGED 19 YEARS,
S/O.VIJAYAN PILLAI, KAILASAM, PARAKKODE P.O.,
ADOOR TALUK, PATHANAMTHITTADISTRICT.
3. VISHNU. K. PRASAD, AGED 21 YEARS,
S/O.PRASAD, OLICKAL HOUSE, KAKKUDUMON P.O.,
RANNI TALUK, PATHANAMATHITTA DISTRICT.
4. VISHNU VIKRAMAN, AGED 21 YEARS,
KOLLANICKAL HOUSE, CHERUKULANJI P.O., VADASSERIKKARA,
RANNI TALUK, PATHANAMTHITTADISTRICT.
5. ABILASH K.K., AGED 29 YEARS,
S/O.KESAVAN, KOLLANICKAL HOUSE, CHERUKULANJI P.O.
VADASSERIKKARA, RANNI TALUK, PATHANAMTHITTADISTRICT.
BY ADVS.SRI.V.SETHUNATH
SRI.S.JUSTUS
RESPONDENTS/COMPLAINANT/STATE:
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1. THE S.I.OF POLICE,
PERUNAD POLICE STATION,
PATHANAMTHITTA DISTRICT - PIN-689 711.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30-05-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
K. Ramakrishnan, J.
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Crl.M.C.No.2289 of 2014
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Dated this, the 30th day of May, 2014.
O R D E R
This Criminal Miscellaneous Case is filed by the petitioners who are accused in Crime No.151/2014 of Perunad Police Station pending before the Judicial First Class Magistrate Court, No-I, Ranni, to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
2. The case of the petitioners in the petition is that petitioners are accused in Crime No.151/2014 of Perunad Police Station pending before the Judicial First Class Magistrate Court, No-I, Ranni alleging offences punishable under Sections 308 read with Section 34 of Indian Penal Code. It is alleged that the petitioners are totally innocent of the allegation. Though the petitioners are prepared to surrender, they apprehend that they are likely to be remanded and their bail application will not be considered on the date of filing of the application itself. So, they have no other remedy except to approach this Court seeking the following relief:
"To direct the J.F.M.C.No.I, Ranni to consider the Crl.M.C.No.2289 of 2014 : 2 : application for regular bail, on the same day to secure the ends of justice."
3. Considering the nature of relief claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. Learned Counsel for the petitioners submitted that his only apprehension is that if the petitioners surrender, their bail application will not be considered on the same day and they will be remanded to custody.
5. The petition was opposed by the Public Prosecutor.
6. It is an admitted fact that petitioners are accused in Crime No.151/2014 of Perunad Police Station pending before the Judicial First Class Magistrate Court, No-I, Ranni alleging offences punishable under Sections 308 read with Section 34 of Indian Penal Code. The apprehension of the petitioners that, if they surrender before the court below and move for bail, they will be remanded and their bail application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of Crl.M.C.No.2289 of 2014 : 3 : the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioners surrender before the Judicial First Class Magistrate Court No-I, Ranni and move for recalling the warrant and for releasing them on bail in Crime No.151/2014 of Perunad Police Station now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge