Kerala High Court
Abdul Azeez vs State Of Kerala on 6 November, 2020
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942
Crl.MC.No.4551 OF 2020(H)
AGAINST THE ORDER IN C.M.P.No.982/2020 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANNUR
CRIME NO.637/2020 OF MATTANNUR POLICE STATION
PETITIONER/DE-FACTO COMPLAINANT:
ABDUL AZEEZ
46 YEARS,
S/O.NOORUDHEEN, "DREAM PALACE", KOTHERI,
KANNUR (DIST.), PIN-670 702.
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS/STATE/ACCUSED NO.2:
1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN-682 031.
2 THE STATION HOUSE OFFICER,
MATTANNUR POLICE STATION,
KANNUR, PIN-670 702.
3 P.P.NOUFAL,
AGED 40 YEARS
S/O.KUNHAMMAD HAJI, DUA,
VAYAMTHOD, MATTANNUR (P.O.),
KANNUR (DIST.), PIN-670702.
R1 TO R2 BY SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4551 of 2020
2
ORDER
Dated this the 6th day of November 2020 This petition under Section 482 of the Code of Criminal Procedure (Cr.P.C) is filed challenging order dated 08.09.2020 in C.M.P.No.982 of 2020 of the Judicial First Class Magistrate Court, Mattannur in Crime No.637 of 2020 of Mattannur Police Station. This is a bail order passed under Section 437 of the Cr.P.C by the Judicial First Class Magistrate Court, Mattannur releasing the second accused in the above crime case. The petitioner is the de-facto complainant in Crime No.637 of 2020 of Mattannur Police Station.
2. The learned counsel for the petitioner raised two points in this case. The learned counsel submitted that when an application under Section 437 of the Cr.P.C. is filed, the presence of the petitioner is necessary. According to the learned counsel, when the petition was filed, the accused was not personally present before the Magistrate. He appeared before the Court only on 08.09.2020. Therefore, the order Crl.MC.No.4551 of 2020 3 passed by the learned Magistrate is not correct. The learned counsel also submitted that when this Court dismissed the bail application of the second accused as per Annexure - II order, the learned Magistrate erred in allowing the petition by invoking the powers under Section 437 of the Cr.P.C. It is also submitted by the learned counsel that the material factors are suppressed before the learned Magistrate and therefore, the learned Magistrate passed such an order. The learned counsel also submitted that there is threat from the second accused, who is the petitioner in Annexure - VI order.
3. Heard the learned Public Prosecutor also. The main grievance of the petitioner is against the grant of bail to the second accused in Crime No.637 of 2020 as per Anenxure VI order. Section 437(5) of the Cr.P.C says that the Magistrate Court can cancel an order passed under Section 437(1) of the Cr.P.C if there are sufficient grounds. I don't want to make any observation about the merit of the case. The petitioner can raise all his contention before the learned Magistrate by filing an application under Section Crl.MC.No.4551 of 2020 4 437(5) of the Cr.P.C. If such an application is filed, the learned Magistrate will consider the same and pass appropriate orders in accordance with law. I make it clear that I have not considered the contentions raised by the petitioner on merits.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DK Crl.MC.No.4551 of 2020 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE - I TRUE COPY OF THE FIR IN CRIME NO.637/2020 OF THE MATTANNUR POLICE STATION, KANNUR REGISTERED U/S.452,324,354 R/W 34 OF IPC.
ANNEXURE - II TRUE COPY OF THE ORDER DATED 29.7.2020 IN B.A.NO.4390/2020 OF THIS HON'BLE COURT.
ANNEXURE - III TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA.
ANNEXURE - IV CERTIFIED COPY OF THE BAIL APPLICATION DATED 24.8.2020 PREFERRED BY THE 3RD RESPONDENT/A2 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR U/S.437 CR.P.C. ANNEXURE - V CERTIFIED COPY OF THE DOCKET SHEET ENTRY FROM 24.8.2020 TO 8.9.2020 IN C.M.P.NO.982/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE, MATTANNUR.
ANNEXURE - VI CERTIFIED COPY OF THE ORDER DATED 8.9.2020 IN C.M.P.NO.982/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE, MATTANNUR IN CRIME NO.637/2020 OF THE MATTANNUR POLICE STATION, KANNUR GRANTING BAIL TO 3RD RESPONDENT/A2.
RESPONDENTS' EXHIBITS: NIL