Kerala High Court
Sunil vs State Of Kerala on 6 August, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2014/15TH SRAVANA, 1936
Crl.MC.No. 4405 of 2014 ()
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AGAINST THE ORDER/JUDGMENT IN CP 53/2012 of JUDICIAL FIRST CLASS
MAGISTRATE'S COURT, SOUTH PARAVOOR, KOLLAM
CRIME NO. 675/2012 OF CHATHANNOOR POLICE STATION , KOLLAM
PETITIONER/ACCUSED:
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SUNIL,
S/O.DHARMAN, MOOLAVARATHU VEEDU, MAMBALLIKUNNAM,
CHATHANNOOR P.O., KOLLAM.
BY ADVS.SRI.BINU GEORGE
SMT.HEMALATHA
RESPONDENT/STATE:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4405 of 2014 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANX 1 : COPY OF FIR IN CRIME NO.675 OF 2012 OF CHATHANNOOR POLICE
STATION.
RESPONDENT'S ANNEXURES :
NIL
// True Copy //
P.A. To Judge
DSV/07/08
K. RAMAKRISHNAN, J.
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Crl.M.C.No.4405 of 2014
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Dated this the 6th day of August, 2014.
O R D E R
This is an application filed by the petitioner who is the accused in C.P.No.53/2012 (Crime No.675/12 of Chathannoor Police Station) on the files of Judicial First Class Magistrate Court, South Paravur, Kollam to issue a direction to the Magistrate to consider the bail application under Section 482 of Code of Criminal Procedure (hereinafter called `the Code').
2. It is alleged in the petition that petitioner is the accused in Crime No.675/12 of Chathannoor Police Station now pending before the Judicial First Class Magistrate Court, South Paravur, Kollam, as C.P.No.53/12 alleging offences under Sections 326 and 308 of Indian Penal Code. The allegation in the petition was that, on 09.06.2012 at about 21.30 hours while the defacto complainant was proceeding to his house and when he reached near Mangala Hospital, the accused on seeing the defacto complainant uttered and threatened him that he will not allow him to live any more. It is further alleged that the petitioner with an intention to cause Crl.M.C.No.4405 of 2014 2 injury on him due to previous enmity inflicted cut injury by using a cutter on his head that again the accused attempted to cause death of defacto complainant and thus committed the offence. Chathannoor Police conducted investigation and filed final report before the Judicial First Class Magistrate's Court, South Paravur, Kollam and the learned Magistrate has taken the case as C.P.No.53/2012 and issued summons to the petitioner. Unfortunately, there was no representation made when the case was taken up and non-bailable warrant was ordered against the petitioner and the case was posted to 07.08.2014. The petitioner is innocent and has not committed any crime nor had he absconded. The apprehension of the petitioner is that, if he surrenders before the concerned court, his bail application will not be considered on the same date and he will be remanded to custody. So, he has no other remedy except to approach this court seeking the following relief:
"to issue appropriate direction to the Judicial First Class Magistrate, South Paravur, to grant bail to the petitioner upon his surrender in C.P.No.53/2012 of Judicial First Class Magistrate, South Paravur, Kollam District and applying bail on Crl.M.C.No.4405 of 2014 3 such terms and conditions, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
3. Considering the nature of relief claimed in the petition, this court felt that the same can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. The Counsel for the petitioner submitted that the apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered by the court below on the same day and he will be remanded to custody.
5. The application was opposed by the Public Prosecutor.
6. It is an admitted fact that petitioner is the accused in C.P.No.53/12 pending before Judicial First Class Magistrate Court, South Paravur, Kollam which originated on the basis of Crime.No.675/12 of Chathannoor Police Station alleging offences under Sections 326 and 308 of Indian Penal Code. Since he did not appear, the learned Magistrate issued non- bailable warrant against him. Now, non-bailable warrant is pending against him and the case is now posted to Crl.M.C.No.4405 of 2014 4 07.08.2014. The only apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered on the same day. But, the apprehension appears to be not genuine, as the Presiding Officer of criminal courts are expected to dispose of the bail applications if any filed by the accused on their surrender as far as possible on the same day of filing of the application itself unless there are compelling circumstances warrant the courts to postpone the same to a future date. So, in fact there is no need to issue any direction as claimed in the petition. The prayer in the petition as such cannot be granted what the trial court has to consider under Section 438 or 439 Cr.P.C. cannot be done by this Court which exercising power under Section 482 of the Code. However, considering the apprehension expressed in the petition, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court, South Paravur, Kollam and moves for bail in C.P.No.53/2012 (Crime No.675/12 of Chathannoor Police Station), then, the learned Magistrate is directed to consider and Crl.M.C.No.4405 of 2014 5 dispose of that application on the date of surrender itself after hearing the Assistant Public Prosecutor of that court in accordance with law. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately.
Hand over a copy of this order to the counsel for the petitioner to enable him to produce the same before the concerned court.
Sd/-
K.RAMAKRISHNAN, JUDGE.
DSV/07/08