Kerala High Court
Ajiraj.R vs Sub Inspector Of Police on 28 November, 2014
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 28TH DAY OF NOVEMBER 2014/7TH AGRAHAYANA, 1936
Crl.MC.No.6733 of 2014 ()
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LP 18/2014 IN C.C.NO.622/2009 of J.M.F.C., THIRUVALLA
CRIME NO.429/2009 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED:
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AJIRAJ.R., AGED 35 YEARS
S/O.N.RAJU, VALYAPARAYIL VEEDU, KARAMVELI
NELLIKALA P.O., PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENTS/COMPLAINANT & STATE:
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1. SUB INSPECTOR OF POLICE
THIRUVALLA POLICE STATION, PIN: 689 101.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN: 682 031.
R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C.No.6733 Of 2014
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Dated this the 28th day of November, 2014.
O R D E R
The petitioner is the sole accused in Crime No.429/2009 of Thiruvalla Police Station which has led to the institution of C.C.No.622/2009 on the file of the Judicial First Class Magistrate Court, Thiruvalla. The case is now pending in the list of long pending cases as L.P.No.18/2014 on the file of the above said Magistrate Court for offence under Section 379 IPC. The prosecution case is that initially the case was registered under Section 41(1) r/w 102 Cr.P.C and subsequently, the Section was altered to 379 IPC on the allegation of a theft of a motor cycle, it is averred. The petitioner was arrested and remanded to judicial custody and subsequently, the petitioner was released on bail in the crime stage. It is stated that after final report was filed, the petitioner did not receive any summons, presumably as he was residing within another jurisdiction, viz, Aranmula Police Station. It is also stated that summons was issued through Thiruvalla Police Station as the crime was registered in respect of that station and that the Thiruvalla Police Station authorities returned the summons as ::2::
Crl.M.C.No.6733 Of 2014 served on the petitioner. But it was actually not served etc., it is averred. Accordingly, non-bailable warrant was issued and the case was included in the long pending list as L.P.No.18/2014. The petitioner apprehends that if he appears on the next posting date before the court below, he would be remanded to judicial custody. It is in the context of these facts and circumstances, the petitioner has filed the present Crl.M.C seeking invocation of this Court's inherent powers under Section 482 Cr.P.C with a prayer to the learned Magistrate concerned to grant bail to the accused to secure the ends of justice.
2. Heard Sri.V.Sethunath and Manoranjan.V.R, learned advocates appearing for the petitioner and the learned Public Prosecutor.
3. In the facts and circumstances of this case and in the interest of justice, it is ordered that in the event of the petitioner appearing and surrendering before the jurisdictional Magistrate Court concerned on or before 8.122014 and moves application for recall of non-bailable warrant and application for grant of bail, then the learned Magistrate shall consider those applications on the same day and on merits pass appropriate orders in accordance with law. The learned ::3::
Crl.M.C.No.6733 Of 2014 counsel for the petitioner would rely on the decisions of this Court in Biju v. State of Kerala (2007(2) KLT 280) and in Vineeth Somarajan v. State of Kerala (2009 (3) KLT 576) in aid of his contention that this Court has laid down the legal principles on the basis of which the Magistrate Courts will have to deal with such situation. It is open to the petitioner to make available photocopies of the aforementioned rulings of this Court before the learned Magistrate and in that eventuality the learned Magistrate will consider the applicability of the legal position settled in the facts and circumstances of the case. In the interest of justice, it is further ordered that all coercive action that may be taken in pursuant of the impugned non-bailable warrant issued against the petitioner shall be kept in abeyance until orders are passed by the learned Magistrate as ordered above.
With these observations and directions, the Crl.M.C stands finally disposed of.
ALEXANDER THOMAS, Judge.
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