Kerala High Court
Syamalan Pillai vs State Of Kerala on 14 August, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY,THE 29TH DAY OF AUGUST 2014/7TH BHADRA, 1936
Crl.MC.No. 4970 of 2014 ()
---------------------------
CRIME NO. 585/2007 OF ATTINGAL POLICE STATION, TRIVANDRUM DISTRICT
--------------
PETITIONER/6TH ACCUSED :
------------------------------------------
SYAMALAN PILLAI,
S/O.NARAYANA PILLAI, AGED 55 YEARS, PANAMOOTTIL VEEDU
MEVANAKONAM DESOM, KALLUVATHUKKAL, KOLLAM.
BY ADVS.SRI.R.SATHISH KUMAR
SMT.SEEMA.T.J.
RESPONDENT/COMPLAINANT :
----------------------------------------------
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. SAREENA P.GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 29-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 4970 of 2014 ()
-------------------------------------
APPENDIX
PETITIONERS' ANNEXURES :
------------------------------------------
ANNEXURE A1- TRUE COPY OF THE JUDGMENT DATED 14.08.2014 IN O.P(CRL)
NO.146/2014 OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS : NIL
------------------------------------------------------------
//TRUE COPY//
P.A. TO JUDGE
Mn
K.RAMAKRISHNAN, J.
=================
CRL.M.C.NO.4970 OF 2014
===================
Dated this the 29th day of August, 2014
ORDER
----------
This is an application filed by the petitioner who is the sixth accused in Crime No.585/2007 of Attingal police station, in C.C.No.268/2008 on the files of the Judicial First Class Magistrate Court-I, Attingal, to give direction to the Magistrate to consider and dispose of the bail application under section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner has been arrayed as fifth accused in crime no.585/2007 of Attingal police station which was regsitered on the basis of the statement given by the defacto complainant, alleging offences under Sections 454, 461, 380, r/w 34 of Indian Penal Code. After investigation, police filed final report/charge against the petitioner and others before the Judicial First Class Magistrate Court-I, Attingal, alleging the aforesaid offences. The learned magistrate took cognizance as CC.268/2008 and summons issued. By that time petitioner went to Doha in Gulf country in connection with his employment. So, he could not receive the summons. Hence, the learned magistrate has issued non bailable warrant against the petitioner. Now, the case is CRL.M.C.NO.4970 OF 2014 2 pending against the petitioner as CC.268/2008 in which the petitioner is the fifth accused and non bailable warrant is still pending against the petitioner. Though he is prepared to surrender, he apprehends that he will be remanded to custody without considering his bail application. So the petitioner has no other remedy except to approach this Court seeking the following relief:-
"to direct the Judicial First Class Magistrate Court-I, Attingal to consider the Bail Application being filed by the petitioner in CC.No.268/2008 and enlarge the peittioner on bail in the above case on the date of his surrender itself, on such conditions as deems fit and proper in the facts and circumstances of the case, so as 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 learned 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, he will be remanded to custody without considering his bail application. Unless direction is given from this court, his bail application will not be considered on the same day.
5. The application was opposed by the learned Public Prosecutor.
6. It is an admitted fact that the petitioner has been arrayed as fifth accused in crime no.585/2007 of Attingal CRL.M.C.NO.4970 OF 2014 3 police station which was registered on the basis of the statement given by the defacto complainant alleging offences under Sections 454, 461, 380, r/w 34 of Indian Penal Code and it is now pending as CC.268/2008 on the file of Judicial First Class Magistrate Court-I, Attingal. It is also an admitted fact that non bailable warrant is pending against the petitioner. The apprehension of the petitioner that if he surrenders, his bail application will not be considered and he will be remanded to custody is without any basis as this Court has in several matters of this nature, time and again observed that the presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications filed by the accused on their surrender as far as possible on the date of filing 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 such claimed by the petitioner in the petition. However, considering the apprehension raised by him 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-I, Attingal, and moves for recalling the warrant and release him on bail in C.C.No.268/2008 (Crime No.585/2007 of Attingal police station), then the learned CRL.M.C.NO.4970 OF 2014 4 Magistrate is directed to consider and dispose of that application after hearing the Assistant Public Prosecutor of that Court as far as possible on the date of filing of the application itself in accordance with law.
With the above directions and observations, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE R.AV